Ethical Norms And Legislative Discussion On The Determination Of Surrogate Parenthood

As a way of human assisted reproductive technology,surrogacy is different from natural pregnancy and childbirth.It is the result of the development of modern medical technology.The emergence of surrogacy technology has impacted the traditional way of natural childbirth.At the beginning of its application,surrogacy technology has brought good news to solve the fertility problems of infertile couples.However,due to the lag of legislation,a series of ethical and legal problems can not be solved in time and reasonably.There has been a debate on the legitimacy of surrogacy in academic circles,and the legal provisions of surrogacy are different in various countries.The measures for the administration of human assisted reproductive technology issued by the Ministry of health clearly prohibits medical institutions and medical personnel from implementing surrogacy.Although surrogacy is completely prohibited in relevant laws and regulations in China,its objectivity and potential social needs cannot be completely ignored.At this stage,the disputes arising from surrogacy mainly focus on custody,custody,surrogacy expenses and so on.In essence,the focus of these disputes can focus on the ownership of parent-child relationship.The identification of surrogacy parent-child relationship is of great significance to solve the disputes over the ownership and parental relationship of children caused by surrogacy,safeguard the interests of all subjects of surrogacy,maintain normal social and ethical relations,and protect the legitimate rights and interests of children.The complexity of surrogacy subject determines the complexity of parent-child relationship.Especially in the identification of mother’s identity,there is the opposition between consanguinity and childbirth,which leads to the phenomenon that consanguinity,biological mother and legal mother can not coincide.Because the legislation on the identification of surrogate parent-child relationship in China is still blank,and the existing legal provisions are still not perfect.In judicial practice,judges must make judgments in the face of such cases based on the principle of "justice shall not refuse judgment",but due to the inconsistent standards of judicial judgment,Therefore,it has caused great difficulties for judges in the process of adjudication,and there have been different judgments in the same case.Therefore,the identification of surrogacy parent-child relationship should be based on the protection of children’s interests,and the case identification of surrogacy parent-child relationship should be carried out after comprehensively considering the factors such as blood relationship,fertility will,ability to support,fact of support,family structure and so on.