保障人工辅助生殖技术所生子女的生的尊严--认定人工辅助生殖技术所生子女的法律地位的基准点

Guarantee the Dignity of Children Born of Artificial Assisted Reproductive Technology-A Reference Point for Determining the Legal Status of Children Born ofA rtificial Assisted Reproductive Technology

人工辅助生殖技术所生子女虽然在出生方式上与自然生育的子女有异,但这并不是其自身所能决定的。因此,界定人工辅助生殖技术所生子女的法律地位,必须将保障其生的尊严作为重中之重。基于这样的立场,界定人工辅助生殖技术所生子女的法律地位时,须满足该子女的法律地位得到承认且不受人格歧视的基本要求。实现这一要求的具体方法是,参照最高人民法院〔1991〕民他字第12号批复关于人工授精子女法律地位的规定,认定在婚姻关系存续期间,双方一致同意通过人工辅助生殖技术生育子女,所生子女应视为夫妻双方的婚生子女,父母子女之间的权利义务关系适用《民法典》婚姻家庭编的有关规定。至于同性恋伴侣通过代孕方式生育的子女,在中国现行法律环境下,提供卵子或者精子的一方为该子女法律意义上的父母。通过这样的方法,就能够更好地保护人工辅助生殖技术所生子女的生的尊严,实现对该子女生命尊严的完整维护,以及对其人格尊严的终极维护。

Although children born of artificial assisted reproductive technology are different from children born naturally,they are not determined by themselves.Therefore,to think about the legal status of children born of artificial assisted reproductive technology,it is necessary to ensure the dignity of children born with artificial assisted reproductive technology as a top priority.Based on this position,the legal status of a child born with assisted reproductive technology must be defined in such a way as to meet the basic requirement that the child be recognized and not discriminated against.The specific way to achieve this requirement is to refer to the Provisions of the Supreme People's Court(1991)No.12 on the legal status of artificial insemination of children,and to conclude that during the marriage relationship,both parties agree that during the marriage relationship,children born through artificial assisted reproductive technology shall be regarded as children born of marriage between the spouses,and that the relationship of rights and obligations between parents and children shall be subject to the relevant provisions of the Civil Code of Marriage and Family.As for children born by surrogate by gay couples,under China's current legal environment,the party providing the egg or sperm is the parent of the child in the legal sense.Through such an approach,we can better protect the dignity of children born of artificial assisted reproductive technology and achieve the goal of fully preserving the dignity of the child's life and ultimately maintaining the dignity of the human person.