Application Of The Principle Of Children’s Best Interests In The Determination Of Custody Of Surrogate Children

Since the introduction of the principle of children’s best interests in China,how to apply the principle to the practice of protecting the rights and interests of children in China has been a hot topic of discussion in the academic circles.Scholars have debated whether and how the principle should be applied in complicated cases and serious conflicts between ethics and jurisprudence.Some scholars believe that the principle of children’s best interests is too principled and inconvenient for dispute resolution;some scholars believe that the application of the principle of children’s best interests may promote the occurrence of surrogacy;some scholars believe that the principle of children’s best interests should be applied because the judgment should be made from the perspective of beneficial to the growth of children.It is legitimate to apply the principle of children’s best interests in the determination of custody of surrogate children,which accords with the law of children’s legal status evolution,accords with the principle of protecting the weak and is conducive to balancing social fairness and personal freedom.With regard to the determination of the custody of surrogate children,the case handlers need to distinguish between the "legality of surrogate pregnancy" and the "determination of the custody of surrogate children",and uphold the attitude that ensuring the safety and healthy growth of the ward in the determination of custody is prior to maintaining the reproductive order.In response to the dilemma that the principle of children’s best interests is too principled and not conducive to dispute resolution,it is necessary to legislate to set up general and specific criteria for determining the best interests of the child to assist judges in discerning and rationally weighing the factors involved in the interests of the child in specific cases.