Study on the Legal Application of the Determination of Parent-Child Relationship in China's Surrogacy Involving Foreigners

Abstract

The determination of parentage of foreign surrogacy directly involves the protection of the rights and interests of the surrogate child, the commissioning parents and the surrogate mother, and is also a prerequisite for the determination of guardianship and custody of the surrogate child. At present, China is faced with the dilemma that the criteria for determining "foreign surrogacy" are not in line with international trends, and that the current Law on the Application of Laws lacks clear and appropriate conflict rules for the determination of "foreign surrogacy parent-child relationship". Therefore, it is necessary for China to reconstruct the rules of law applicable to the determination of parent-child relationships involving foreign surrogacy in the light of the best interests of the child.