The guardian of the surrogate child is determined to ensure that the child born through surrogacy can enjoy all the basic rights stipulated by the law.However,there is currently a legislative gap in our country's laws regarding the custody of surrogate children,which results in courts having different basis and reasoning when determining the custody of surrogate children.To this end,we should learn from relevant foreign experience from three dimensions:strictly prohibiting surrogacy,limited opening of surrogacy,and allowing surrogacy,to improve our country''s legal regulations on the custody of surrogate children.While implementing the principle of the best interests of the child and making up for the shortcomings of the existing guardianship system,special judicial protection should be given to abandoned and disabled surrogate children,with a view to promoting the judicial effectiveness of determining guardians of surrogate children and resolving new social disputes.
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