论体内异质授精子女的身份确认

Status Recognition about the Children by Artificial Insemination by Donor

在传统自然生殖下,法律根据自然联结机制很容易把握亲子身份和亲子关系,然而人工生殖这种不通过男女自然两性结合而产生后代的现代医疗技术手段,对传统的以血缘关系为基础的亲子观念和理论提出了挑战,特别是在异质授精情况下,由于使用的是第三人的精子,该类人工生殖子女身份的认定更加复杂。为了避免因采用特殊规则形成AID子女为特殊子女的不当认识,立法上应力求采用与自然生殖同样的父母认定标准确定人工授精子女的亲子关系,即依据出生事实确定谁是母亲,根据婚生推定及否认制度确定谁是父亲,丈夫的术前同意限制其对子女的婚生否认权的行使。

Under the way of traditional nature reproduction, we can easily assure parent-child status and parent-child relations in terms of the natural joined mechanism. However, as a kind of modern medical service techniques which have not descendant through natural sexes union both the male and female, proposed the challenge to the traditional parent-child idea and the theory that take the blood-relationship relations as the foundation. Especially in AID situation, because it uses the spermatozoon donated by a third person, legal status determination about such children will be more complex. To avoid the improper opinion that children born by Artificial Insemination by Donor are peculiar because of the use of special rules, rules identifying their parents should be same as natural bearing, that is to say, to identify a mother according to the birth fact and identify a father according to whether it is born in period of marriage. A father＇s agreement before surgery will restrict his right of denying the child.