Zheng Shuang is hot in once again! This time it was "surrogate"! The event originated from a microblog of Zhang Heng, which mentioned that "the reason why my family and I stayed in the United States for more than a year is that we must take care of and protect two young innocent lives"
Subsequently, there was a hot search for Zheng Shuang's "surrogacy", because the birth dates of the two children were only one month apart
Of course, the mysterious operation of "surrogacy" is illegal in our country
Only in a free America can it exist so openly
But now that the child has been born, we can't ignore it
Now Zhang Heng and Zheng Shuang have entered the divorce process
Who should be awarded the custody of the children born of their "surrogate"? In divorce cases, what are the secrets that can not be said about striving for the custody of children? 1、 Who owns the custody of the children? In 2005, Ms
Dong and her husband registered for marriage, but after marriage, they found that their husband could not bear children
After struggling, Ms
Dong and her husband decided to "have children"
In 2013, they successfully gave birth to a pair of lovely twins
However, the happiness brought about by the birth of the child was soon overwhelmed by the increasing family expenses, the contradictions between both parents, and the husband's long-term work outside the home
By 2018, Ms
Dong's husband had filed a divorce lawsuit to the court for the second time
Ms
Dong knew that this marriage could not be redeemed, but she did not want to give up the custody of her two children
How did the court decide? Would it be as usual, two children, one on each side? After a year of trial and evidence exchange, Ms
Dong was relieved by the final judgment
The court fully considered the upbringing environment and conditions of both parties and the particularity that the two children were "born", and held that Ms
Dong was more capable and qualified to raise the two children, and finally awarded her the custody of the children
For the custody dispute cases of "giving birth to a child", the court tends to award the child to the parents with actual blood relationship
Except for the following circumstances: the party living with the child is unable to continue to raise the child due to serious illness or disability; The party living with the child fails to fulfill the obligation of raising or maltreats the child, or the living with the child has an adverse impact on the physical and mental health of the child; A minor child over the age of eight who is willing to live with the other party and who is able to support him
2、 Who owns custody of children of same-sex partners? Let's review the first case of same-sex couples competing for custody in China
In march2019, Xiaoti (a pseudonym) promoted the expulsion through medical means, cultivated embryos with the purchased sperm of an outsider, and transplanted them into may (a pseudonym)
In december2019, may gave birth to a girl Yaya in Xiamen
Later, Xiaoti and may went to court for custody of the child
They all said they were the mother of the child
Xiaoti claims that the child is his own blood and was born by a surrogate entrusted to May
May claims that the child was conceived and delivered by herself and that she is the real mother of the child
How to determine the parent-child relationship? Which mother should raise the child? The court ruled like this! In this case, the defendant Xiaoti had no evidence to prove that he was Yaya's mother
Without clear legal provisions, it is not allowed to determine that Xiaoti has a legal parent-child relationship just because Yaya has Xiaoti's genetic information
Ya Ya was conceived and delivered by May
The birth medical certificate states that her mother is May
After the child was born, she was breast fed by May and has been taken care of by May
The final court decided to award the child to may based on the overall situation of the case
However, it must be mentioned that in this case, the parties' behavior of purchasing sperm and pregnancy through assisted reproductive technology is neither permitted by law, nor in violation of ethical requirements and public order and good customs
3、 Who owns the custody of adopted children? According to Article 1111 of the civil code, the provisions of this Law on the relationship between parents and children shall apply to the relationship between rights and obligations between adoptive parents and adopted children from the date of the establishment of the adoptive relationship; The provisions of this Law on the relationship between children and their parents' close relatives shall apply to the relationship between the rights and obligations of their adopted children and their parents' close relatives
That is to say, the relationship between foster parents and foster children is the same as that between biological parents and children
When it comes to the question of who the child custody belongs to, the provisions on child custody between biological parents and children shall apply
Generally speaking, the preferred method is negotiation
Because negotiated settlement can avoid the deterioration of the relationship between husband and wife and is conducive to the healthy growth of adopted children
If both parties cannot negotiate, they can bring a lawsuit to the court for judgment: 1
Adopted children under the age of 2 who are breast-feeding or young will generally be awarded to the woman; 2
For adopted children over the age of 2 but under the age of 8, the court will make a judgment in accordance with the principle of greater interests of children, taking into account the economic conditions, educational background and stability of work of both parties
In addition, if one of the parents has one of the following circumstances, the court will give priority: (1) those who have undergone sterilization or lost their fertility for other reasons; (2) The children live for a long time, and changing the living environment is obviously detrimental to the healthy growth of the children; (3) There are no other children, but the other party has other children; (4) The child lives with him, which is beneficial to the growth of the child, while the other party suffers from an incurable infectious disease or other serious disease, or has other conditions detrimental to the physical and mental health of the child, and is not suitable to live with the child
3
For adopted children over the age of 8, the court will focus on the real thoughts of the child and make corresponding judgments
As solving the problem of child custody requires a lot of tedious evidence collection, we can only achieve your desired results if we have sufficient evidence
Therefore, to strive for child custody, we must find a professional marriage lawyer to achieve twice the result with half the effort
