2020
DOI: 10.14330/cwr.2020.6.1.03
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Transnational Surrogacy in China: From the Perspective of Private International Law

Abstract: 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 o… Show more

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Cited by 4 publications
(5 citation statements)
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“…I believe this can be achieved through globalcooperation.The study of environmental issues in international relations, and the study of global environmental governance, is a response to this concern [ 1 ]. With industrialization, global resource consumption has risen dramatically, as shown in Figure 1 , and the consumption of these resources is itself a problem of environmental impact, not to mention the environmental impact of the massive pollution that results from its consumption, so environmental issues have caught the research eye of international relations [ 2 ]. With the gradual deepening of globalenvironmental governance research, global environmental governance theory hasbecome a system analysis paradigm advocated by researchers in the fields ofglobal relations and environmental policy.…”
Section: Introductionmentioning
confidence: 99%
“…I believe this can be achieved through globalcooperation.The study of environmental issues in international relations, and the study of global environmental governance, is a response to this concern [ 1 ]. With industrialization, global resource consumption has risen dramatically, as shown in Figure 1 , and the consumption of these resources is itself a problem of environmental impact, not to mention the environmental impact of the massive pollution that results from its consumption, so environmental issues have caught the research eye of international relations [ 2 ]. With the gradual deepening of globalenvironmental governance research, global environmental governance theory hasbecome a system analysis paradigm advocated by researchers in the fields ofglobal relations and environmental policy.…”
Section: Introductionmentioning
confidence: 99%
“…Existing laws and regulations on natural reproduction are based on traditional reproductive methods, and China's laws and regulations on the issue of surrogacy belong to the missing stage causing contradictions in the application of surrogacy. The lack of specific rules makes it more difficult for judges to protect the rights and interests of the parties, especially women and children (Xiao & Li, 2020). The third point is that to recognise foreign jurisprudence in the conduct of international surrogacy issues is to violate the basic principles of public order in China, that is, to violate Chinese public policy (Zhao Yue, 2022).…”
Section: Resistance To the Legalisation Of Surrogacy In Chinamentioning
confidence: 99%
“…Secondly, establish a specific value logic to guide the legal provisions of specific lawsuits. Because value conflicts cannot be resolved through legal provisions alone, the issue of judges' discretion must be properly addressed (Xiao & Li, 2020).…”
Section: The Extent To Which Surrogacy Can Be Legalised In China and ...mentioning
confidence: 99%
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“…-Promote Human Rights: To guarantee freedom and justice for all people, fight for democratic governance and human rights Xiao, Y., & Li, J. (2020) [17].…”
Section: Improving Interpersonal Relationshipsmentioning
confidence: 99%