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Legal determination of surrogate child parenthood in China

Yue Zhao(1),


(1) School of Law, Hainan University, Haikou, China
Corresponding Author

Abstract


Commercial surrogacy is neither prohibited nor approved in China. As the underground surrogacy market keeps expanding fast, the disputes over parenthood of surrogate child occur more and more frequently. Since there are no specific rules for surrogacy, Chinese courts have to make legal determination by applying current laws. This article firstly analyses the contradictions of existing laws and regulations on natural parenthood when apply them in the cases of surrogacy. In China, since the natural parenthood is built on reproductive connections between parents and child, this article provides a typology of surrogacy in terms of the reproductive role each party has played. By combining it with the case study, the judicial views on different issues are presented. This article further discusses the inadequacies of current legal determination of parenthood, ethical controversies in surrogacy and recommends some suggestions on regulating the surrogacy and protecting the rights and interests of women and children. (Afr J Reprod Health 2022; 26[8]: 134-141).

References


Ministry of Health. Norms of Assisted Human Reproductive

Technology. Available from:

http://www.nhc.gov.cn/bgt/pw10303/200708/68ba5

aba4a44a3bcf74b0c3e2048.shtml

Wang S. Womb for rent: the hidden kingdom of surrogacy.

China news weekly. Published online February 20,

Accessed December 1, 2021.

http://www.zgxwzk.chinanews.com.cn/2/2017-02-

/274.shtml

Xiaonong L. The changing on the traditional rule of defining

parent-child relationship originated by the assisted

reproductive technology. China Health Law 2014;

(1): 49-54.

Ministry of Health. Ethical Principles of Assisted Human

Reproductive Technology and Human Sperm Bank.

Available from:

http://www.nhc.gov.cn/bgt/pw10303/200708/68ba5

aba4a44a3bcf74b0c3e2048.shtml

Ruchu X. Covert investigation: a medical company in

Weifang suspected of illegal surrogacy and baby

trafficking. Published online August 2, 2021.

Accessed November 28, 2021.

https://www.thepaper.cn/newsDetail_forward_1384

Jinxiong Z and Changping Y. Surrogacy Triggered Tug-oflove. People’s court daily. Published December 2,

Accessed December 4, 2021.

Si W, Hongyun H, Bin L and Xing L. A twenty-year-old

woman involved in a lawsuit for undertaking

surrogacy for 150,000 yuan and the biological father

of the surrogate child awarded sole care and control.

Published online September 13, 2008. Accessed

November 30, 2021.

http://www.gxnews.com.cn/staticpages/20080913/n

ewgx48cb0c3f-1664889.shtml

v. Tan X. China Judgements Online. Case docked number:

(2019) 京0108民初50537号. Accessed December 5,

https://wenshu.court.gov.cn/website/wenshu/181107

ANFZ0BXSK4/index.html?docId=592bdd2b16684

adab93000d9ada

v. Wang S. China Judgements Online. Case docked number:

(2019)沪02民终10045号. Accessed December

,2021.

https://wenshu.court.gov.cn/website/wenshu/181107

ANFZ0BXSK4/index.html?docId=11cd6e2dfd924d

ecb431ab7500e147e4

Chen Ying v. Luo Ronggeng. China Judgements Online.

Case docked number: (2015)沪一中少民终字第56

号. Accessed December 5,2021.

https://wenshu.court.gov.cn/website/wenshu/181107

ANFZ0BXSK4/index.html?docId=733844c7af3044

eaf1ba420688e1612

State Council. Notice on the issuance of the work plan to

carry out special action against surrogacy. Access

December 1, 2021.

http://www.satcm.gov.cn/fajiansi/zhengcewenjian/2

-03-24/2502.html

State Council. China’s action plan against human

trafficking (2021-2030). Accessed December 1,

http://www.gov.cn/zhengce/content/2021-

/28/content_5603574.htm

Xiaoxiang morning post. Changde women’s surrogacy

leads to lawsuit over child, court rules surrogacy

agreement valid. Published August 18, 2010.

Accessed December 6, 2021.

http://world.hebnews.cn/2010-

/18/content_487623_3.htm

Biao Y. The problem of enforceability of surrogacy

contracts: market, ethics, and law. Tribune of

Political Science and Law 2015; 33(4): 34-47.

China News Service. Surrogacy agencies in Guangzhou:

What CCTV has reported is not their business and

not wonder at all. Published January 21, 2015.

Accessed December 6, 2021.

http://www.chinanews.com/sh/2015/01-

/6988107.shtml

Xiaofeng Z. Illegal surrogacy and the realization of the best

interest of the child principle- commentary on the

first case of illegal surrogacy custody dispute in

China. Tsinghua University Law Journal 2017;

(1): 120-133.

Chunyan D. Surrogacy litigation in China and beyond.

Journal of Law and the Biosciences 2015; 2(1): 33-

Ya’nan L. Determination of parenthood in the context of

surrogacy. Science of Law (Journal of Northwest

University of Political Science and Law) 2020;

(2): 133-145.

Qunrong L. On rebuilding the concept of mother from the

legal view- view from surrogacy. Hebei Law Science

; 28(6): 19-24.

Fenjing L. Research on criminal regulations of surrogacy

related behaviors. Medicine and Philosophy 2021;

(2): 52-7.

Bin W. The ethical stance of legal argument- centering on

surrogacy dispute cases. Studies in Law and Business

; 33(1): 31-42


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