Protection of rights and legal remedies for surrogate mothers in China

Abstract

Surrogacy has grown significantly as an underground industry in China over the last two decades. Accordingly, an increasing number of surrogate mothers are being bound by surrogacy contracts. As surrogacy contracts are unregulated in China, the contractual obligations of surrogacy may cause serious harm to surrogate mothers due to the infringement of their rights and increased risk of injury. Sociocultural concerns and financial considerations have made surrogate mothers hesitant to seek legal remedies. Additionally, gaps in the legislative and judicial rules make it difficult for surrogate mothers to receive sufficient compensation after suffering injuries. This study examines the infringement of the rights of surrogate mothers and potential injuries to them during surrogacy transactions and contract fulfillment. Furthermore, it presents the current legal framework of surrogacy regulation and remedies for preserving the rights of surrogate mothers. The causes of the current dilemma of protecting rights are analyzed, and regulative and legislative suggestions for preventing injury and providing legal remedies are offered.