Public Order, Human Dignity, and the Child’s Best Interests: The Legal Dilemma of Surrogacy in Mo Yan’s Frog

Abstract

This study examines the legal dilemma of surrogacy in the novel Frog by the Nobel prize winner Mo Yan, which was written in the context of China’s past one-child policy. This study offers a tri-tier exploration of how surrogacy led to conflicts and tensions in Frog: first, it traces how the intended parents’ demand for surrogacy developed under the one-child policy in China while clarifying the application of “the principle of public order”; second, it explores the predicament of the surrogate mother Chen Mei regarding the violation of her rights and dignity, and delves into the interpretation of “the principle of human dignity”; third, it focuses on the custody dispute between the surrogate mother and the intended parents to explore the controversies over the concept of parentage in surrogacy and consider the principle of “best interest of the child.” This study concludes that despite all the legal and ethical controversies, the spirit of law demands a response to the growing practice of surrogacy and an extension of our exploration of legal principles.