Discussion on Legal Identification of Parenthood in Surrogacy

DOI

10.2991/jahp-17.2017.25How to use a DOI?

Keywords

surrogacy technology; legal identification of parenthood; best interests of children principle

Abstract

The emergence of surrogacy technology not only benefits mankind, but also breaks through the traditional natural reproduction mode, exerting a powerful impact on the rules of parenthood identification in the traditional civil law system. Considering that the traditional parenthood presumption principle of the triune sex, marriage and birth is no longer able to solve the problem in the identification of parenthood in surrogacy. When the parenthood of surrogacy children is determined, the law should break through the traditional idea of the delivery for the mother, and take the principle of the best interests for children as the starting point and end point and determine the surrogacy children as the legal parents by special legal procedures.

Copyright

© 2017, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Tianyi Xu
AU  - Ying Dai
AU  - Teng Li
PY  - 2017/09
DA  - 2017/09
TI  - Discussion on Legal Identification of Parenthood in Surrogacy
BT  - Proceedings of the 2nd International Conference on Judicial, Administrative and Humanitarian Problems of State Structures and Economic Subjects (JAHP 2017)
PB  - Atlantis Press
SP  - 109
EP  - 114
SN  - 2352-5398
UR  - https://doi.org/10.2991/jahp-17.2017.25
DO  - 10.2991/jahp-17.2017.25
ID  - Xu2017/09
ER  -