Author(s)

Yuanquan Xu ¹

Affiliation(s)

¹ College of Law, College of Xingzhi, Zhejiang Normal University, Lanxi, China

Corresponding Author

Yuanquan Xu

ABSTRACT

This paper comprehensively reviews the current situation of the guardianship of surrogacy children in China. The legal regulations on surrogacy and the guardianship of surrogacy children in China are evidently lagging, lacking in specialized legislation and clear norms. This leads to multiple dilemmas, such as in determining the legal status and guardians of surrogacy children, and the absence of effective protection for their legitimate rights. In judicial practice, due to the lack of legal basis, judges often face difficulties and the "different judgments for the same case" problem is prominent. To address these issues, the paper proposes a triple-consideration model of "biological connection + pregnancy fact + social rearing situation". It also suggests specifying the implementation guarantee of guardianship determination standards, including establishing a dynamic guardianship assessment mechanism, an emergency protection mechanism for negative conflicts in guardianship, and an integrated surrogacy-guardianship information platform.

KEYWORDS

In Surrogacy children; Guardianship; Legal dilemma; Triple-consideration model; Rights relief

CITE THIS PAPER

Yuanquan Xu. Dilemmas and Breakthroughs of the Guardianship System for Surrogacy Children in China: Construction of the "Biological-Pregnancy-Social" Triple-Consideration Model. Science of Law Journal (2025) Vol. 4: 30-35. DOI: http://dx.doi.org/DOI: 10.23977/law.2025.040205.

REFERENCES

[1] Wang, L.M. The Normative Allocation and Interpretation of the Personality Rights Section of the Civil Code. China Legal Science, 2021(03): 28-34.
[2] Liang, H.X. Legal Conflicts and Resolution Paths of the Parental Rights of Surrogacy Children. Studies in Law, 2019(04): 45.
[3] Zhang, X.B. The Impact of the Invalidity of Surrogacy Agreements on the Determination of Parental Rights. Modern Law Science, 2022(01): 82.
[4] Chen, W.Z. Resolution Paths of Legal Conflicts in Cross-border Surrogacy. Peking University Law Journal, 2020(06): 142-145.
[5] Ma, Y.N. Protection of the Rights and Interests of Surrogacy Children from the Perspective of Family Law. Beijing: Peking University Press, 2021: 89-115.
[6] Wang, Z.J. Identification of Identity Relationships in the General Provisions of the Civil Law. Beijing: Peking University Press, 2023.

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