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Surrogacy litigation in China and beyond.

Chunyan Ding1

  • 1School of Law, City University of Hong Kong, Tat Chee Avenue, Hong Kong.

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Chinese law lacks clear regulations on surrogacy, leading to legal disputes. Courts grapple with contract validity, parentage, and child custody in surrogacy cases, highlighting the need for legal reform.

Keywords:
Surrogacy litigationlaw of surrogacy of Chinaparenthood of the surrogate childsole care and control of the surrogate childsurrogacy contract

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Area of Science:

  • Law
  • Sociology

Background:

  • Surrogacy is not explicitly permitted or prohibited under Chinese law.
  • A significant underground surrogacy market exists, resulting in frequent legal disputes.
  • Chinese courts frequently adjudicate complex issues related to surrogacy.

Purpose of the Study:

  • To examine judicial solutions for surrogacy disputes in China.
  • To analyze the appropriateness of current legal approaches in surrogacy lawsuits.
  • To identify inadequacies in Chinese law concerning surrogacy and propose improvements.

Main Methods:

  • Case study analysis of surrogacy lawsuits.
  • Examination of judicial decisions and legal applications.
  • Comparative analysis of legal frameworks and social demands.

Main Results:

  • Chinese courts face challenges in determining surrogacy contract validity, parentage, and child custody.
  • Current legal application in surrogacy cases reveals potential inadequacies.
  • Judicial practices highlight the need for clearer legal guidelines.

Conclusions:

  • Chinese law requires significant reform to address the complexities of surrogacy.
  • Legislative improvements are necessary to regulate the surrogacy market and protect involved parties.
  • Adapting laws to social demands for surrogacy is crucial for legal and ethical practice.