Research On The Application Of The Principle Of The Best Interests Of The Child In The Cases Of Surrogate Children

With the widespread use of artificial assisted reproductive technology,the phenomenon of surrogacy has become more and more prominent,and the group of surrogate children has continued to expand.Since our country currently prohibits illegal surrogacy at the legislative level,disputes between relevant stakeholders involved in surrogacy are difficult to be adjudicated in accordance with existing laws and regulations,especially in the face of some acts that damage the rights and interests of surrogate children,there is a lack of corresponding legal regulations.Disputes over custody and visitation rights of children born through surrogacy are often reported in the newspapers.As an international principle,the principle of best interests of children has a unique value in protecting children’s rights and interests.It takes children as independent rights subjects as its value connotation,and takes "the best interests of children as the value orientation and the purpose of equal protection of children’s rights and interests".Conducive to resolving disputes over surrogate children.In practice,some people’s courts have explored the application of the principle of best interests of children when dealing with such disputes,which has better resolved disputes between the parties and can fully protect the interests of surrogate children.This paper analyzes the unique advantages,applicable standards and considerations of the principle of best interests of children in the protection of the rights and interests of surrogate children,in order to play a certain guiding role in judicial practice.This paper is divided into four chapters.First,it introduces the general situation of the principle of best interests of children,including its development process,basic content,value and application in various countries;and judicial practice,it highlights the problems in the protection of children’s rights and interests in our country;thirdly,through the common problems in the protection of children’s rights and interests in our country,the problems in the protection of the special group of surrogate children are discussed in depth;finally,the The principle of best interests of the children is introduced into the settlement of disputes over surrogate children,constructing the standards for the application of the principle of best interests of the child and analyzing its application in specific cases.It is believed that further clarifying the application standard of this principle and raising this principle to the basic principle of parent-child law can more properly resolve the disputes over custody,guardianship and visitation rights in surrogate child cases,and realize the realization of this special group of children.Maximize legitimate interests.