Transnational Surrogacy in China: From the Perspective of Private International Law

서지정보

ㆍ발행기관 : 이준국제법연구원 ㆍ수록지정보 : China and WTO Review / 6권 / 1호
ㆍ저자명 : Yongping Xiao, Jue Li

목차

I. Introduction
II. Jurisdiction in Transnational Surrogacy Cases
A. Meizhong vs. LI
B. Xu vs. Ouyang
III. Choice of Law in TransnationalSurrogacy Cases
A. Xu vs. Meijia
B. GAO vs. Meijia
C. Sears vs. Sun
D. Jiang vs. Ren
IV. Recognition of Parentage in TransnationalSurrogacy Arrangements
A. Recognition of Foreign Judgments
B. Recognition of Foreign Public Documents
V. Transnational Surrogacy for Same-Sex Partners
A. Zhao vs. Jiang
B. A.G.R. vs. D.R.H.
C. Uddoh vs. United Healthcare
VI. Transnational Surrogacy without Consent
A. N Shen vs. Gulou Hospital
B. Wang vs. Zhang
VII. Conclusion
References

영어 초록

Chinese courts’ attitudes toward domestic surrogacy have appeared to soften and are inclined to protect the best interests of children and the legal rights of intended parents. However, many problems remain unsolved in transnational surrogacy cases, including the validity of a contract, parentage or guardianship determination, citizen conferral, and household registration. In this article, transnational surrogacy is analyzed from the perspective of private international law, particularly jurisdiction, choice of law, and recognition of foreign judgment on parental relationships and foreign public documents. In addition, some specific cases, such as transnational surrogacy for same-sex partners and transnational surrogacy without the consent of intended parents, are discussed and analyzed in detail.

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