Research on the Rules for the Identification of Surrogacy Parent-child Relationship under Chinese lawFrom the Perspective of Transnational Practice

Transnational reproductive tourism provides the possibility of surrogacy for couples with fertility difficulties, but it also brings about social problems such as difficulties in determining the identity of parents, citizenship of surrogate children and social welfare, family relations and child development. In practice, overseas judicial institutions emphasize factors such as genes and children’s interests, but ignore the importance of marriage and family. The conflict between the interests of offspring and reproductive ethics highlights the hidden worries faced by the construction of modern family relations, and it is necessary to realize that parent-child relationship is the link to maintain marriage and family relations. In determining the identity of the legal parents of surrogate children, the legal status of genetic mother and delivery mother should be distinguished and respected, but the principle of “gene plus marriage presumption” should be used to determine the identity of the guardian. This can ensure the legal status of surrogate children, and achieve the dual purpose of protecting children’s interests and maintaining family relations.