CWR > Volume 6(1); 2020 > Article
Research Paper
Published online: March 1, 2020
DOI: http://dx.doi.org/10.14330/cwr.2020.6.1.03
Transnational Surrogacy in China: From the Perspective of Private International Law
Yongping Xiao & Jue Li
Wuhan University
No.299 Bayi Road, Wuchang District, Wuhan 430072, P.R. China.
Corresponding Author: jessiejura@163.com
ⓒ Copyright YIJUN Institute of International Law. This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.
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 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.
Keywords : Transnational Surrogacy; Jurisdiction; Choice of Law; Public Policy; Recognition of Foreign Judgments
