On The Judicial Practice Of Identifying The Surrogate Parent-Child Relationship Of Same-Sex Couples In China

With the rapid development of medical technology,surrogacy provides a way for people who cannot bear children to obtain children.Although surrogacy is prohibited by law in China,in practice,due to the confusion in the surrogacy market and the different attitudes towards surrogacy in different countries,the intended subjects can seek surrogacy services across the country,and the birth of surrogate children cannot be completely prevented.Surrogate children as innocent new life subjects,like children born naturally,should be protected by China’s laws.With the emergence of custody disputes between same-sex partners in China,the identification of surrogate parent-child relationship between same-sex partners has also attracted extensive attention.On the one hand,China’s current legislation does not have relevant rules for the identification of surrogate parent-child relationship,and the identification of surrogate parent-child relationship in judicial practice also has limitations,which is not conducive to protecting the best interests of surrogate children.On the other hand,China does not recognize same-sex marriage.When same-sex couples give birth to children through surrogacy,the problem of parent-child relationship confirmation is more complex,and the rights and interests of surrogate children are more likely to be damaged.Therefore,it is particularly important to solve the problem of identifying the parent-child relationship of surrogate children of same-sex couples.Based on the cases related to the identification of same-sex partner surrogacy parent-child relationship in China,this article analyzes the current difficulties faced by China when dealing with surrogacy parent-child relationship of same-sex couples.This article focuses on the problems faced by same-sex couples in the determination of parent-child relationship,namely the issue of reproductive rights of same-sex couples,the subject of disputes between same-sex couples surrogacy parent-child relationship,and the legal conflicts faced in the case of transnational surrogacy.By learning from the rules of surrogate parent-child relationship recognition in foreign countries and the practical experience of transnational surrogate parent-child relationship,this article proposes to determine the specific scheme for the identification of surrogacy parent-child relationship between same-sex partners in China on the basis of adhering to the principle of the best interests of the child,combined with the wishes of childbirth and the situation of factual upbringing.At the same time,it proposes to establish a new connection point,give priority to the best interests of children,carefully apply the principle of public order reservation and the system of legal evasion,and solve the problem of legal conflict faced by same-sex couples in transnational surrogacy.