论代孕母亲所生子女的身份确认

代孕母亲所引起的身份上最大的问题,在于如何认定所生子女在法律上的父母,对此学界有多种主张。本文立足于婚姻法取向和意思自治视角的分析,提出确定代生子女的父母身份时,人工生殖目的说更能周全地保护代孕各方当事人的利益。同时还提出,代孕的利弊得失,对不同的代孕母亲和委托夫妻而言,未必能够一概而论,因此就代孕母亲应否合法化而言,还需要进行更多相关的实证研究,才有可能恰如其分地保障当事人及婴儿的权益。

The biggest problem in the law with the surrogate motherhood lies in how to recognize lawfully the parent of the surrogate child. There are many kinds of opinions academically about that. This paper bases on the analysis about marriage tropism and meaning, deems that the explanafion about artificially procreative purpose would further thoroughly protect the interests of any privies when confirm the surrogate motherhood of the child. Simultaneously put forward that as for the different surrogate parents and consignors, the advantages and disadvantages of surrogacy are unnecessarily consistent, therefore, it still needs to be further surveyed and proved about the matter of surrogate mother should be or should not be legalized, if so, then being able to properly guarantee the rights and interests of the pricy and child.