Abstract: The special welfare of surrogacy makes it popular, but it also incurs ethical condemnation and legal disputes due to the artificial separation of the natural reproductive process. However, China’s law does not respond to the civil legal issues caused by surrogacy. China should take "Best interest" of the child as the first principle to deal with the affair about surrogacy. When determining the guardianship of the surrogate children, we should combine different types of surrogacy and principle of the “best interest of the child”. When judging whether the surrogate mother can visit the surrogate child, we should also firstly premeditate from the perspective that it is most conducive to the healthy growth of surrogate children.