Surrogacy litigation in China and beyond

Research output: Journal Publications and Reviews (RGC: 21, 22, 62)21_Publication in refereed journalpeer-review

7 Scopus Citations
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Detail(s)

Original languageEnglish
Pages (from-to)33-55
Journal / PublicationJournal of Law and the Biosciences
Volume2
Issue number1
Online published8 Jan 2015
Publication statusPublished - Feb 2015

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Abstract

Chinese law neither generally prohibits nor expressly permits surrogacy. As there has been a massive underground surrogacy market in the country, surrogacy lawsuits have occurred from time to time. Chinese courts are called to decide a number of disputed issues regarding validity of surrogacy contract, parenthood of the surrogate child, and sole care and control of the surrogate child. This article examines the judicial solutions to these disputes through a case study, and analyses whether Chinese courts have adopted appropriate approaches in applying the existing law to surrogacy lawsuits. The article further discusses the inadequacies of Chinese law in solving surrogacy disputes and regulating surrogacy, and recommends a set of suggestions for improvement so that Chinese law may better adapt to the social demand of surrogacy.

Research Area(s)

  • Law of surrogacy of China, Parenthood of the surrogate child, Sole care and control of the surrogate child, Surrogacy contract, Surrogacy litigation

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