关键词: 女同伴侣, 代孕关系, 亲子关系, 抚养权, 核心价值观

Abstract: Child custody disputes resulted from lesbian partner surrogacy is a new type of cases emerging from social life in the new era, which, at present, cannot be regulated for there is no clear corresponding legislation in China. Since surrogacy leads to the separation of consanguinity and childbirth, the presumption of motherhood based on descent is no longer logically valid, so it is necessary to construct corresponding rules of adjudication. Faced with the test of judicial practice, the judiciary authorities should follow the socialist core values to guide the locating and determination of judicial norms in case adjudication, so as to enhance the foresightedness of the adjudication and promote the order and standardization of active justice. To this end, when identifying the ownership of custody of surrogate children in juridical practice, legal fiction should be adopted to establish the parent-child relationship. It is necessary to consider in what way the family ethics established on the basis of emotional bond can be better maintained, which is in line with the principle of maximizing the interests of children. The core values of socialism should be regarded as a guide to make comprehensive judgement according to the actual situation of any individual case. Under special circumstances, the child custody may be changed flexibly on the basis of the balance between the legal order and the rights and interests of individuals.

Key words: lesbian partner, surrogacy, parent-child relationship, custody, core values