| 英文摘要 |
In Taiwan, the female who gives birth to a child is deemed as the child’s mother. In other words, the establishment of motherhood always depends on the matter of giving birth. There is not much doctrinal nor practical discussion regarding other possibilities.
However, even though the “birth mother rule” has its rationality and consistency, some assumptions behind this theory are gradually becoming out of date due to the development of assisted reproductive technology and the diversification of mother-child relationships in recent years. Furthermore, strictly adopting the “birth mother rule” without exception may lead to infanticide, child abandonment, and child abuse. It could also harm the stability of the mother-child relationship in some cases.
This article compares Taiwanese law, German law, and Japanese law which adopt the “birth mother rule,” and French law which does not adopt the “birth mother rule” and examines the similarities and differences in the establishment of the mother-child relationship in these countries. This article further explores the current Taiwanese doctrine and practice and proposes legislative amendments suggesting that the establishment of the mother-child legal relationship should be based on the principle of will. |
