A Study On The Identification Of The Parentage Of The Cross-Border Surrogacy

With the deterioration of the environment and the increase of work pressure,the prevalence of infertility among the reproductive age groups in China is increasing year by year,and the demand for human assisted reproductive medical technology is on the rise.The "Administrative Measures for Human Assisted Reproductive Technology" stipulates that the implementation of human assisted reproductive medical technology requires approval from relevant departments.However,the complicated procedures lead to a long approval time limit,and not all types of patients are approved,so transnational surrogacy is becoming more and more frequent.The parties involved in transnational surrogacy will face the problem of identification of parent-child relationship,which is complicated because it involves the laws of both countries,and the laws of one country are closely related to social factors such as politics,religion,history,etc.,and may conflict with the laws of other countries,making the identification of parent-child relationship in trouble.The two factors that affect the identification of parent-child relationship are the identification standard of parent-child relationship and the recognition of the official documents for the identification of parentchild relationship outside the territory.For the former,the current standards adopted by various countries include genetic standards,childbirth standards,contract standards,and children’s best interest standards;for the latter,they include parentage judgments made by extraterritorial courts and birth certificates.At present,China has not clearly stipulated the standards for the establishment of parent-child relationship.When dealing with the recognition of foreign public documents,it also tends to apply public order reservations to reject them.It is difficult to guarantee the identity and interests of surrogate children.To this end,China can start from the following four aspects to deal with disputes over the identification of parent-child relationship.First,take the Hague Conference on Private International Law as a communication platform to participate in the formulation of relevant treaties;second,establish a special parent-child relationship identification standard based on contract standards and amend the child’s best interests standard;third,to avoid lame parent-child relationship,public policy reservations should be prudently applied,and the legal effect of extraterritorial judgments should be recognized limitedly;fourth,the certification procedures for birth certificates should be simplified,and the conditions for the recognition of birth certificates for children of transnational surrogacy should be clarified.