Year: 2025
Type: article
Abstract: With the rising infertility rate in China, the surrogacy demand has surged, triggering complex parent-child disputes involving custody rights, inheritance rights, and guardianship rights. Currently, in Chinese judicial practice, there exist divergences in the qualification of the validity of surrogacy Agreements and conflicts in the Standards for parent-child relationships. International theories and experiences, such as Germany's "the woman who gives birth is the mother" principle and the contract theory in the United States, can contribute to resolving surrogacy parent-child disputes in China. By drawing on comparative Law experiences, improvements can be made to the rules for qualifying parent-child relationships, harmonizing parent-child legal relationships, and introducing a DDR Mechanism, so as to settle disputes and Guarantee the rights and interests of all Parties.
Author: Mingxue Zhang
Institution: Southeast University
Language: English
Topic: Family and Matrimonial Law
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4413182625