Study On The Custody Of Surrogate Children

With the rapid development of science and technology,artificial assisted reproductive technology has brought hope to couples suffering from infertility,but the surrogacy technology derived from artificial assisted reproduction has caused great controversy.In the surrogacy behavior,the surrogate mother’s intervention in the traditional reproductive relationship results in the ownership of the guardianship of the surrogate children being different from the traditional ethical relationship ownership.The surrogacy behavior has brought great challenges to the existing social ethical system.Regardless of whether the surrogacy behavior is legal or not,the successful birth of a surrogate child means that the child enjoys a series of personal rights,and the law should provide institutional guarantees for its healthy growth.Therefore,through the research on the legal regulation of the guardianship of surrogate children,and then sort out the legal precedents of the attribution of the guardianship of surrogate children in judicial practice in my country,combine and learn from the existing theories of child guardianship and the current status of foreign legislation on the guardianship of surrogate children.On the premise of supporting my country’s comprehensive prohibition of surrogacy,suggestions are made for the establishment of legal regulations for the ownership of the guardianship of surrogate children.The specific recommended measures are to clearly distinguish the ways of surrogacy behavior,set up different ways of obtaining guardianship in full surrogacy and partial surrogacy,and secondly increase the administrative approval system,and ultimately respect the children’s own wishes.It is hoped that surrogacy will be completely prohibited in the form of legislation,and clear laws and regulations will determine the ownership of the guardianship of surrogate children,and escort the healthy growth of surrogate children.