Research On The Rules For The Determination Of Parent-child Relationship Of Surrogacy

The development of medical technology has contributed a lot to people who is inability to have kids.As the product of the fast development of technology,surrogacy does also benefit infertile women a lot.But,in consideration of the differences to the way of traditional fertility,surrogacy has break the concept that the woman who gives birth to the children is the legal and the genetic mother,so it is intolerable both in law and in moral principles.The law in our country has strictly banned surrogacy,but the surrogacy market is rampant is reality,thus bring about the identification of the parent-child relationship of surrogate conflicts.Bur our country lacks of legal provisions to regulate it.Although it is illegal,the children born by through surrogacy cannot be ignored.Once their identities are recognized by law,their interests and rights are well protected,and this need the laws give an answer.This paper mainly tells the identification of the parent-child relationship of surrogate,by analyzing the reasons why such conflict have been triggered and introducing foreign countries’ law with the identification of the parent-child relationship of surrogate,then taking the country’s reality,draws a picture of what kind of regulation the country can make to solve this urgent problem.In addition to the introduction and conclusion,the article is divided into four parts.The first part is a clue to the theme of the article by taking three typical examples.By a brief analyzing of those judgment views,then raise the questions remains in the identification of the parent-child relationship of surrogate.The second part mainly explores the causes in the identification of the parent-child relationship of surrogate.Through a brief analysis of the viewpoints of case judgments and the mainstream judgment viewpoints,this paper finds out the underlying reasons to those problems.The third chapter introduces foreign legislation related to the identification of surrogacy.First,this paper briefly introduces the experience of surrogacy parent-child relationship legislation in the UK and the US,and then introduces the legislation in Germany and France.Finally,through comparative analysis,then by comparing and thinking,obtains the enlightenment which is able to use in our country.The fourth chapter mainly focuses on the rules to establish,in our country.Firstly,this paper believes that our country should take children’s interests into the principal consideration.Then,by combining the types of surrogacy and the real situation in reality,the paper suggests that a rule that taking the principle of individual case balance should be made,and the details of this rule should be specified by considering the practical situation.