Study On The Similar Cases Of Legislative Gap In Surrogate Parenthood

In recent years,with the rapid advancement of science and technology,human assisted reproduction technology has been gradually improved.Despite the negative attitude of domestic laws and regulations towards surrogacy and the absence of rules for determining the paternity of surrogates,many infertile families still choose surrogacy to meet their fertility needs.Objectively speaking,the act of surrogacy can help couples who are unable to have children to regain the opportunity to have children,and it has a positive role in safeguarding the realization of reproductive rights for infertile families and other reproductively disadvantaged groups.However,the legislative gap in surrogate parenthood has led to disputes in practice,which is detrimental to the growth of surrogate children and the stability of families in society.Surrogacy parent-child relationship cases reflect the main focus of controversy in surrogacy cases as whether the surrogacy contract is legal,how to identify the surrogate parent-child relationship and the ownership of custody of surrogate children.First,the surrogacy contract does not necessarily violate the principles of public order and good customs and legal prohibition;on the other hand,surrogacy is also a way to protect citizens’ reproductive rights.Secondly,surrogacy parent-child relationship can be determined by law and analogy.In the vast majority of surrogacy parent-child relationship cases in China,the entrusted husband can usually become the father of surrogate children by virtue of the genetic relationship,and in practice,the identification of surrogate children is quite different.The complete surrogacy with less moral impact can be inferred as the married child of the entrusted couple,and the local surrogacy can be inferred according to the relationship between the stepparents.Finally,the custody of surrogate children should take the principle of the best interests of children as the core principle,and give priority to ensuring the stable growth environment of surrogate children.In order to solve the problems reflected in the case of parent-child relationship,it is suggested that the boundary of legality of surrogacy contracts should first be clarified,a corresponding contract review system should be established within the boundary of legality,and administrative permission should be granted to the surrogacy contract through administrative review to determine that the eligible commissioning couple becomes the legal parents of the surrogate children.On the other hand,a new legal framework should be developed to recognize illegal surrogate parentage and custody rights.The new legal framework should be based on the protection of the interests of minors and should take full account of the actual situation in China’s society,and the legal framework for surrogate parentage should be constructed in a comprehensive manner to protect the rights of all parties involved,especially the legal rights of surrogate children and a stable environment for family growth.