A Study on the Rules for Determining Parent-Child Relationships under Assisted Reproductive Technologies

DOI

10.2991/978-2-38476-593-5_17How to use a DOI?

Keywords

Assisted reproductive technologies; determination of parent-child relationships; best interests of the child; judicial review

Abstract

This article aims to address the fundamental challenges posed by assisted reproductive technologies (ART) to traditional rules for determining parent-child relationships. By examining the limitations of single-factor models such as biological parentage, gestational motherhood, and intention-based approaches, this paper proposes an integrated adjudicative model that takes the “best interests of the child” as its core normative value and adopts a “three-tier progressive judicial review” as its operational framework. This model conducts dynamic and hierarchical assessments of reproductive intention, de facto caregiving, and biological connection, thereby transforming abstract principles into practicable judicial guidance. In doing so, it offers a solution that combines theoretical innovation with practical operability for resolving current judicial dilemmas and promoting the systematic reconstruction of future legal rules.

Copyright

© 2026 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Xuetong Lian
PY  - 2026
DA  - 2026/06/30
TI  - A Study on the Rules for Determining Parent-Child Relationships under Assisted Reproductive Technologies
BT  - Proceedings of the 2026 5th International Conference on Humanities, Wisdom Education and Service Management (HWESM 2026)
PB  - Atlantis Press
SP  - 129
EP  - 142
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-593-5_17
DO  - 10.2991/978-2-38476-593-5_17
ID  - Lian2026
ER  -