There are many controversial issues in legislative suggestions about surrogate pregnancy. However, based on Chinese tradition culture "without descendent is the most unfi lial conduct in the family," many infertile couples seek surrogate pregnancy that has not been legal. What's next about the legal status of the child by surrogate pregnancy? As matter of fact, all the legal relation of the family is based on ethics of human relationship. According to the surrogate pregnancy contract, the legal right of motherhood was transferred from the biological mother to the recipient couple. What's the legal effect of this contract? Would this contract have legal effect as to the parent-child relationship? Biological mother would not have the intent to be a mother for the child by surrogate pregnancy at first when made the contract surrogate pregnancy. Nevertheless, by the core doctrine "Mater semper certa est" i.e., legitimating motherhood by the fact of delivery in our family laws of Civil Code, would the biological mother be the legal mother of the child by surrogate pregnancy? Should the decision of parentchild relationship in family law of Civil Code be compromised? By deciding parent-child relationship, would family law be inferred as a logical answer for the questions above? Especially, when the legislation has not done yet, how to explain the legal status of the child by surrogate pregnancy in traditional Family Law is a new agenda. Is this possible to resolve this problem by acknowledgement or adoption even acceptation as a legitimate child of the recipient couple? Moreover, there might be different legal status of the child by surrogate pregnancy because of different type of the artificial reproduction. Would it possible to find out a appropriated and consensus legal opinion about the legitimacy for the child by surrogate pregnancy? Although the surrogate pregnancy in our nation has not been legislated, base on the child interest as a supreme principal, we have to maintain the interest of the child legal status.