代孕亲子关系认定规则研究

The Study of Surrogate parenthood rules

代孕是当今众多国家所面临的一个难题,而与代孕息息相关的代孕亲子关系如何认定是亟待解决的一个问题。在代孕亲子关系认定中主要存在着血统说、子宫分娩说、契约说和子女最佳利益说四种学说。境外对于代孕问题所采取的态度大相径庭,有完全认可代孕、全面禁止代孕和有限认可代孕三种态度。我国目前对于代孕的全面禁止并不完全适应当今社会的发展,代孕在我国有合法化的必要性,但同时也不能完全放开,必须满足有限适用、非商业化和主体资格这几个条件才可适用。代孕亲子关系认定应当坚持血统说优先,兼顾子女最佳利益说这一规则。

Surrogacy has become a problem that many countries have to face. what is closely related to surroga- cy is surrogate parenthood rules that has become a problem have to solve. There are four viewpoints in surrogate parenthood rules, including the blood relationship theory, the uterus childbirth theory, contract doctrine and the theory of best interests for children. The attitudes to the surrogate parenthood rules vary from country to country. There are three kinds of attitudes including fully accredited surrogate attitude, completely prohibit surrogate and limited recognition. At present, the comprehensive prohibition of the surrogacy in our country is not fully adapted to the development of modern society. Surrogacy is necessary for legitimacy in china ~ but it can＇ t be fully liberalized. It is possible to apply if it meets the conditions of finite application, subject qualification and non-commercializa- tion. Surrogate parenthood rules should keep to the blood relationship theory priority, both keep to the theory of best interests for children.