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ORIGINAL RESEARCH article

Front. Sociol.
Sec. Gender, Sex and Sexualities
Volume 9 - 2024 | doi: 10.3389/fsoc.2024.1363685

Legal Regulation of Surrogacy Parentage Determination in China

Provisionally accepted
Wenting You Wenting You 1*Jun Feng Jun Feng 2
  • 1 Shanxi University, Taiyuan, China
  • 2 Taiyuan Normal University, Taiyuan, Shanxi Province, China

The final, formatted version of the article will be published soon.

    Unlike natural conception and other assisted reproductive technologies, surrogacy involves three crucial factors: family legislation, family ethics, and reproductive technology. This makes the determination of parentage in surrogacy more complex. In China, surrogacy is completely prohibited by law.However, this prohibition has not diminished the interest in discussions around the family ethics, order, and relationships affected by surrogacy. In practice, disputes over parentage and child custody arising from surrogacy urgently need resolution through judicial practice. The current legal framework in China lacks clear regulations to address the complexities of surrogacy, leading to numerous unresolved disputes. To address this issue, it is advisable for China to enact clear legislative measures to govern parent-child relationships in surrogacy cases. This paper presents legislative recommendations for regulating surrogacy in China, with the hope that the judicial interpretations of the Supreme People's Court of China can provide clear legal regulations on surrogacy during revisions.

    Keywords: Chinese Civil Code, full surrogacy, partial surrogacy, International surrogacy, Chinese regulations

    Received: 19 Feb 2024; Accepted: 26 Jun 2024.

    Copyright: © 2024 You and Feng. This is an open-access article distributed under the terms of the Creative Commons Attribution License (CC BY). The use, distribution or reproduction in other forums is permitted, provided the original author(s) or licensor are credited and that the original publication in this journal is cited, in accordance with accepted academic practice. No use, distribution or reproduction is permitted which does not comply with these terms.

    * Correspondence: Wenting You, Shanxi University, Taiyuan, China

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