在中国,代孕子女的父母身份的法律确定
1School of Law, Hainan University, Haikou, China.
African journal of reproductive health
|August 16, 2023
概括
中国中国中国中国.
科学领域:
- 法律研究 法律研究
- 生物伦理学生物伦理学
- 社会学 社会学 社会学
背景情况:
- 商业代孕在中国的法律上处于一个灰色地带.
- 不断扩大的地下代孕市场导致了关于孩子的父母关系的频繁争端.
- 目前的中国法律缺乏具体的代孕法规,迫使法院调整现有法律.
研究的目的:
- 分析在中国代孕案件中确定父母身份的法律矛盾.
- 检查基于生殖角色的代孕纠纷的司法方法.
- 讨论道德问题,并提出对中国代孕的监管建议.
主要方法:
- 分析中国现有的有关自然亲属关系的法律法规.
- 基于生殖贡献的代孕类型的开发.
- 在代孕争端中对法庭判决的案例研究分析.
主要成果:
- 当前关于自然父母的法律在应用于代孕时是矛盾的.
- 关于亲属关系的司法观点因涉及的特定生殖角色而异.
- 目前的法律框架不足以解决代孕的复杂性.
结论:
- 中国的法律体系在监管代孕和确定亲属关系方面面临着挑战.
- 需要专门的立法来解决伦理争议,并保护涉及的各方.
- 提供了规范代孕和维护妇女和儿童权利的建议.
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