Legal Analysis Of Surrogate Child Custody Disputes

Under the background of the continuous development of human assisted reproductive technology,people’s demand for surrogacy is increasing,and the topic of surrogacy has been hotly discussed by all walks of life and the public.While surrogacy "realizes the dream" for the surrogate client,it continues to impact the traditional social ethics and the existing legal system,causing a series of problems such as the determination of parent-child relationship and custody.For a long time,my country has relied on the "Administrative Measures for Human Assisted Reproductive Technology" and other departmental regulations to prohibit surrogacy,and rely on judges to find a reasonable path to resolve surrogacy disputes.Disputes are difficult.In order to protect the legitimate rights and interests of surrogate children,it is necessary to clarify the general standards for the identification of surrogacy parent-child relationship and the ownership of guardianship.In terms of the legalization of surrogacy,although my country’s legislation does not explicitly prohibit surrogacy,the existing legal provisions can lead to the prohibition of surrogacy.Even if most foreign countries and regions begin to accept surrogacy,Chinese academic circles are still debating whether to open surrogacy.In view of my country’s current national conditions,ethical and moral concepts,and the ability of the existing legal system to handle disputes,we should continue to maintain the prohibition position,explicitly prohibit surrogacy at the legislative level,and increase the prohibition.In terms of the identification of the parent-child relationship of surrogate children,although surrogacy is illegal under the existing legal framework,the birth of surrogate children is a matter of fact.The legitimate rights and interests of children should be fully protected,and the legal status of surrogate children should be clarified.This requires that surrogacy children be determined first.The general standard for the parent-child relationship of children is based on the traditional civil law principle of "the person giving birth is the mother",supplemented by the general rules of "gene theory" and the "best interests of the child principle" to determine the paternity of surrogate children.In terms of the ownership of surrogacy child custody,our country should clarify the "principle of the best interests of the child" in legislation,determine the general standards for the principle of the child’s best interests.and clarify the precautions when applying the principle of the best interests of the child,which shall be determined by the judge in accordance with the principle of the best interests of the child The ownership of the guardianship of the surrogate children,and the adoption system can return the guardianship of the surrogate children to the existing legal framework,providing a reasonable solution to the guardianship of the surrogate children.