Research On Legal Issues Regarding Parent-child Relationship Identification In Transnational Surrogac

A crowd of people tend to go to other countries for transnational surrogacy today.In the determination of transnational surrogacy paternity,there remain legal conflicts between the laws and regulations of different countries,so the rights and interests of the relevant subjects are easily infringed upon.The legal systems of individual countries are not sufficiently well developed to address the problems associated with the recognition of transnational surrogate paternity.It is vital to study and solve problems at both international and domestic levels.Thus,taking the recognition of transnational surrogate parentage as the object of study,the paper analyses problems from both international as well as domestic laws and proposes solutions.Above all,it introduces the background,main contents and so on on the recognition of paternity of transnational surrogacy.In the second place,the paper,summarizing the basic issues of surrogacy,transnational surrogacy and the recognition of paternity,analyzes the strength and weakness of transnational surrogacy and the value of the recognition of paternity of transnational surrogacy.Meanwhile,it summarizes the legal conflicts related to the recognition of paternity of transnational surrogacy.Finally,presenting the problems of the recognition of paternity of transnational surrogacy from the perspectives of international law and domestic law,the paper puts forward some suggestions,which also analyzes the problems and suggestions of the recognition of parentage in transnational surrogacy from the perspectives of our country.In terms of international law,the international community should actively formulate international conventions relating to transnational surrogacy.At the same time,existing relevant conventions are to be taken into account in the development of international convention to improve it efficiency.Meanwhile,countries should also cooperate to establish a mechanism for the limited recognition of public instruments for the recognition of transnational surrogacy and actively carry out regional cooperation.In terms of domestic law,domestic laws relating to transnational surrogacy should be improved in some countries.In addition,scope of legal application of transnational surrogacy paternity determinations should be increased.Beyond that,public policy and children’s best interests should be weighed in resolving relevant legal disputes.