Legal Regulation of Cross-border Surrogacy: A Comparison Based on China, Vietnam, and Russia

Abstract

 In the era of advanced medical technology and frequent international exchanges, reproductive tourism is on the rise, the problems it poses have attracted the attention of countries. Taking China, Vietnam, and Russia as research samples, the article points out the differences laws on surrogacy create opportunities for intending parents to circumvent domestic law. The recognition of parental rights of prospective parents, according to the best interests of children, makes it even less worrying. From the perspective of fundamental rights, the article argues that surrogacy is the only means of realizing reproduction for people suffering from uterine diseases. 'External tolerance' will intensify the conflicts between the rich and the poor and lead to high costs of unidentified evidence collection. That is why prior supervision is necessary. The author proposes that legislation should explicitly allow limited surrogacy and regulate the conditions and parenthood so that it can apply under control. At the international level, China, Vietnam, and Russia face the common problem of surrogate children's rights. Based on the accumulation of multilateral or bilateral treaties, they should actively participate in and promote the process of global conventions based on common concerns while paying attention to the progress of HCCH