Research On The Legal Issues Of The Identification Of Surrogate Parent-Child Relationship In China

With the improvement of medical treatment,artificial assisted reproductive technology has brought good news to couples with reproductive disabilities,mainly by implanting embryos into women’s womb for fertility.With the development of society,there have also been some improper use of artificial assisted reproductive technology,namely "surrogate" behavior.The illegality of this behavior lies in the suspicion of "giving birth through abdomen".Open any online search box,Entering the word "surrogacy" brings all kinds of underground surrogacy chains.Whether the act is legal or not,the protection of the rights and interests of surrogacy children after birth is an inevitable problem.In judicial practice,problems such as custody and visitation rights of surrogacy children emerge one after another,and the judgments are different.The author believes that the root of all problems lies in the identification of surrogacy relationship.Once the identification of parent-child relationship in the form of surrogacy is solved,All problems will be solved.In view of this problem,the author believes that if we want to solve the identification of surrogate children’s parent-child relationship,we should first thoroughly understand the way of surrogacy and put forward targeted suggestions on the identification of parent-child relationship.This paper divides surrogacy into complete surrogacy,partial surrogacy,paid surrogacy and unpaid surrogacy,and investigates the theory of childbirth,blood relationship,contract and children’s best interests.However,any theory has its own advantages and disadvantages,which should be selected one by one according to the classification of surrogacy,rather than all of which should be determined by applying a certain theory.In view of the phenomenon of different judgments in the same case for the identification of surrogacy parent-child relationship in China’s judicial practice at present and the problems derived from the surrogate’s request for visitation right and inheritance right,based on the comparison with the foreign modes of dealing with surrogacy behavior,this paper puts forward that the full surrogacy adopts the theory of blood relationship,the partial surrogacy refers to the adoption system,the principle of the best interests of children is taken as a bottom-up clause,and the de facto dependency relationship is taken as the consideration element,When the surrogate children reach a certain age,we should respect their true opinions on the identification of parent-child relationship.At the same time,considering the aging,families without independence and the existence of groups with reproductive disorders,the author puts forward the concept of conditional open and complete surrogacy.In order to better protect the legitimate rights and interests of the surrogate parties and the surrogate children,we need to protect not only the information of the children born by the surrogate,but also the client.The author proposes to clarify the rights and obligations of the surrogate in the case of dishonesty by means of parent-child identification,hoping to provide feasibility for the current identification of the surrogate parent-child relationship and the disputes derived from it.