Take the place of the pregnant relation of bearing the parent-offspring and assert that stores the dispute Still regard gene as the main standard

Take the place of the pregnant relation of bearing the parent-offspring and assert that stores the dispute Still regard gene as the main standard
Last week, the media reported because the Guangzhou a pair of rich traders married couple were infertile all the year round, relied on test tube baby's technology, the wife and two take the place of pregnant mother, give birth to 8 seats of women altogether. This initiates the social extensive concern. In fact, take the place of pregnant to bring besides to bring up issue a great deal of little life, have a series of legal question and challenge: Is it pregnant and legal to take the place of? The child taking the place of the pregnant ones and bearing " Inferior to others " (used at the end of a question)? Who is children's mother? If the child falls ill, someone " dislikes and avoids" ,Who should responsible for " it is pregnant to take the place of " Legal? Take the place of pregnant to mean women accept the intersection of others and commission, bear way as behavior that others bear children while being auxiliary with manpower usually. Taking the place of the pregnant mother might not offer the ovum, is uncertain that has main genetic relations with the baby. In addition take the place of pregnant to include, become pregnant naturally also Situation,at this moment childbirth last pregnant courses the whole. The continent law of our country is pregnant to taking the place of to hold and forbid the attitude. Ministry of Public Health " mankind assist the intersection of reproduction and technological the intersection of management and the intersection of " the regulation " and medical organization and medical worker can't implement of any kind to take the place of pregnant technology as far back as whom 2001 release. " Reaffirmed in the regulatory files of relevant auxiliary reproduction and sperm bank management repeatedly hereafter, it is pregnant that it is forbidden to take the place of. Assist the medical organization of reproduction technology to take the place of pregnant technology in launching the mankind, can fine, investigate the administrative responsibility. So, take the place of the pregnant behavior, it is to be strict illegal. In order to guarantee to achieve and take the place of the pregnant purpose, both sides still settle a bargain sometimes, the content is great to realize the ownership which includes the child, treatment and remuneration in pregnancy period,etc.. But the such one is in black and white, it is very difficult to guarantee the realization of the purposes of both sides. Because it is pregnant to take the place of and hire out the health of the persons who give a birth - -The law does not allow to regard life as the target; Relation of parent-offspring taking the place of the pregnant contract while transferring the mother and son - -And stipulate, identity right can not be up to the arbitrary transfer of the personal will in law. So, this kind of contract should be invalid. Is the child inferior to others? Though it is pregnant to take the place of and break the law, it is invalid to take the place of the pregnant contract, each life is equal, take the place of pregnant baby not given birth to, ought to have first all rights which natural persons enjoys. Those children not having the legal wife's gene, because only trust the husband's genes, therefore belong to legally " The love child " . Article 25 of " marriage law " has stipulated the love child's legal status clearly: "The love child enjoys it with equal rights of legitimate children, no one is allowed to endanger and discriminate against. " In front of the developing society, making the good law nearly and lagged behind forever. To the child with the legal wife's gene, the law does not have clear regulation. Take place lawsuit at this moment, judge should adhering to the principle of maintaining the good custom of common preface, make the judgement in the right of judging amount freely. Because the child possesses couple's gene, can be regarded as legitimate children. Who is the child's mother? It is to trust husbands to offer sperms because it is pregnant to take the place of, who is that father does not become the problem here. However, person who offers ovum, person who offers uterus and the legal commission wife may not be totally identical, this needs the law to judge who is child's legal mother. How to assert parent-offspring's relation, the law is scarce to stipulate clearly, the law circles have a dispute too. Generally speaking, should regard gene as the main standard, grow into the auxiliary standard to assert with the favorable child. Particularly: If the child does not have the legal commission wife's genes, were trusted couple to be raised directly after it was born in, form the relation de factoly and raise. Can consult the regulation of stepmother and stepchild at this moment, namely entrust the wife and form legal relations of mother and son between the children. And the establishment of this kind of relation, does not certainly cut off the baby and relation between the pregnant mothers. Then the child has presented two " Mum " ,Entrusting couple may fail when wanting to bring up the original intention that totally belong to one's own baby. If trust couple to contrast the law of adoption " the stepfather or stepmother is upon consent by giving birth to parents of the stepchild, can adopt stepchildren " Regulation go through formalities of adopting,to if you can't trust, obtain mother in law wife status; Because the establishment of the adoptive relationship, take the place of the pregnant mother and no longer have relation between legal rights and obligations promptly between the babies, trust the wife to become only mother on child's law promptly. Those persons who have not blocked the childbirth of parent-offspring's relation through adopting, and still have parent-offspring's relations between the babies, according to the stipulations of law, even if its I do not raise the love child directly, also should afford children's living cost and educational expenses, until children live independently. If the child trusts the wife's genes, consider that it is generally all comparatively rich to trust the wife's families, growth environment is comparatively superior, but it is legally regarded as child's only mother but the speech does not have too many obstacles, also furthermore help children to grow up. Why can the baby fall ill? The child is healthy and lively, to the satisfaction of all naturally; But something unexpected may happen any time, if the child is in poor health, or the consigner is unsatisfied with the child, what situation will appear? Similar thing, happen as far back as U.S.A. of 1983. Mahler can the intersection of and Mr. and Mrs. trust Shi DiHua Mrs. give birth to one child for them, for this reason promise to pay 10,000 dollars. But the child was discovered and suffered from serious illness, still losing one's sight, became deaf and retarded possibility after being born in. Then, both sides do not want this child, for this reason engage in the lawsuit yet. Result to both suffer losses, Mahler can the intersection of husband and Mr. and Mrs. divorce; Mr. and Mrs. Shi DiHua has not got the remuneration, will bring up this child. In fact, after the legal relation between distinguishing children and three elders, this problem can be solved. As noted previously, trust husbands to bear father's responsibility. When the persons who give a birth have blood relationship with the baby, if the legal commission wife does not want this child, the persons who give a birth must bear mother's responsibility, pregnant mother's right can not get too much guarantee in this era, this is a realistic risk; If legal commission wife and child have blood relationship, then can't abandon children. Certainly, suppose the child's disease is because of what the persons who give a birth cause on purpose during pregnancy, for example getting drunk, taking drug etc., the persons who give a birth will bear the corresponding responsibility of compensation for damage for the child. Take the place of pregnant, challenge ethics and the intersection of human nature and intuitive knowledge, challenge citizen to be equal to bear right too. Hope the legislature issues as soon as possible in order to have effective laws and regulations exhaustively and even more, also hope the couple with such idea think thrice before acting. (Author Cui �S Wang Kai's unit: Court of Dongcheng District, Beijing)

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