摘要

跨国代孕是在随着现代人工生殖医学技术的飞速发展、世界的沟通交流一体化、中介机构熟练运作的条件下所催生出来的一种社会现象。同时目前跨国代孕所引发的亲子关系认定的纠纷也呈现出日渐增多的趋势，这种现象已经引起海牙国际私法会议（关键词：跨国代孕、亲子关系认定、建议、对策

Abstract

Transnational surrogacy is a social phenomenon generated by the rapid development ofmodern artificial reproductive medicine technology,the integration of communication and communication in the world, and the skilled operation of intermediary agencies. At the same time, the disputes of parent-child relationship recognition caused by transnational surrogacy are also showing an increasing trend,which has attracted the continuous attention and extremely high attention of the Hague Conference on Private International Law. , at the same time, the private international law in the Hague conference in member states with consultation and organized professional research institutions around the world for visit and investigation on the basis of the need for make a film about multinational surrogate parenthood identification entity legal norm to solve in accordance with the international protection of the rights and interests of each side of the problem in a surrogate. Although "surrogacy" does have a certain positive significance for people who want to have children, a series of problems caused by it, including social and legal issues, cannot be ignored. In particular, the issue of "parent-child relationship identification in transnational surrogacy" is more worthy of our reflection and research. In addition, every country has different attitudes towards the legality of surrogacy in legislation. Some countries explicitly prohibit surrogacy in legislation,some countries only prohibit commercial surrogacy, and even some countries recognize the legality of surrogacy. Therefore, a large number of people from countries where surrogacy is prohibitedcross the border to countries where surrogacy is legalized to carry out surrogacy. Moreover, there is no unified legislation on the issues arising from surrogacy in the private international law,which makes the identification of parent-child relationship in transnational surrogacy more difficult and complicated. In this paper, the basic theory of the identification of parent-child relationship of transnational surrogacy, the conflict and application of laws,the judicial practice of the identification of parent-childrelationship, the shortcomings of the identification of parent-child relationship and relevant suggestions and countermeasures are presented.

Key words: transnational surrogacy,parent-child relationship identification, suggestions, countermeasures