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The Frontiers of Society, Science and Technology, 2020, 2(1); doi: 10.25236/FSST.2020.020120.

Value Conflicts and Choices: How to Solve the Dilemma of Surrogate Parenthood Identification

Author(s)

Tan Ting*

Corresponding Author:
Tan Ting
Affiliation(s)

China University of Political Science and Law, Beijing 100088, China
*Corresponding Author Email: [email protected]

Abstract

Although surrogacy is currently banned in China, some people still violate the rules, and there are conflicts in judicial decisions regarding the surrogate parenthood identification. In the theoretical and judicial circles, there has been a tendency to confuse surrogate parenthood identification with the legitimacy of surrogacy and apply the natural childbirth parenthood identification rules. Based on the diversity of surrogate subjects and the complexity of behavioral structures, traditional parenthood identification rules have been unable to cope. Legislation should be specified. The value evolution of parenthood identification can be summarized as: natural selection-patriarchal center-equal rights of men and women-children's interests are given priority. There are value conflicts of multiple subjects in the identification of surrogate parent-child identity. Based on the principles of value rank and balance of interests, the following conclusions are drawn: Based on the priority protection of children's right to survival, the principle of giving priority to children's interests should be implemented. At the same time, based on the three factors of parental willingness, genetic connection and double-line parenting, the parenthood identification principle of parental subjective and limited consanguinity were established.

Keywords

Conflict of values; Choice; Surrogacy; Parenthood identification

Cite This Paper

Tan Ting. Value Conflicts and Choices: How to Solve the Dilemma of Surrogate Parenthood Identification. The Frontiers of Society, Science and Technology (2020) Vol. 2 Issue 1: 147-163. https://doi.org/10.25236/FSST.2020.020120.

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