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Surrogacy litigation in China and beyond

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 contra...

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Autor principal: Ding, Chunyan
Formato: Online Artículo Texto
Lenguaje:English
Publicado: Oxford University Press 2015
Materias:
Acceso en línea:https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5033554/
https://www.ncbi.nlm.nih.gov/pubmed/27774179
http://dx.doi.org/10.1093/jlb/lsu036
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author Ding, Chunyan
author_facet Ding, Chunyan
author_sort Ding, Chunyan
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description 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.
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spelling pubmed-50335542016-10-21 Surrogacy litigation in China and beyond Ding, Chunyan J Law Biosci Essay 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. Oxford University Press 2015-01-08 /pmc/articles/PMC5033554/ /pubmed/27774179 http://dx.doi.org/10.1093/jlb/lsu036 Text en © The Author 2015. Published by Duke University School of Law, Harvard Law School, Oxford University Press, and Stanford Law School. http://creativecommons.org/licenses/by-nc-nd/4.0/ This is an Open Access article distributed under the terms of the Creative Commons Attribution-NonCommercial-NoDerivs licence (http://creativecommons.org/licenses/by-nc-nd/4.0/), which permits non-commercial reproduction and distribution of the work, in any medium, provided the original work is not altered or transformed in any way, and that the work is properly cited. For commercial re-use, please contact journals.permissions@oup.com
spellingShingle Essay
Ding, Chunyan
Surrogacy litigation in China and beyond
title Surrogacy litigation in China and beyond
title_full Surrogacy litigation in China and beyond
title_fullStr Surrogacy litigation in China and beyond
title_full_unstemmed Surrogacy litigation in China and beyond
title_short Surrogacy litigation in China and beyond
title_sort surrogacy litigation in china and beyond
topic Essay
url https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5033554/
https://www.ncbi.nlm.nih.gov/pubmed/27774179
http://dx.doi.org/10.1093/jlb/lsu036
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