Surrogacy as a new extension of assisted reproduction technology,impact on morality and ethics,has brought a series of legal and social challenges,in which,due to the surrogate child paternity fuzzy brought about by the issue of guardianship attribution is particularly prominent,China's surrogate child guardianship attribution is still based on the"birth+blood/contract+blood-paternity-custody"as the logic to determine,the logic not only can not adapt to the status quo of pluralistic reproduction,more unfavorable to the interests of surrogacy child protection.Therefor,we can try to"guardianship willingness to take into account the guardianship ability to raise the child+surrogate child true expression"model to determine the surrogate child custody belonging to,and attempt to determine the surrogate child custody belongs to,and try to establish and improve the relevant laws and regulations,clear surrogate child custody belongs to,promote surrogacy judicial case unification,strengthen surrogacy combat punishment,in order to protect surrogate children's personal legitimate rights and interests.
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