The Legal Landscape of Surrogacy in China

Abstract

Surrogacy has increased globally due to the development of medical technology. In light of the abolition of the one-child policy in China, demand for surrogacy among Chinese citizens has increased, especially in single-child families that would like a second child but worry about childbearing at an advanced age. Meanwhile, highly educated women tend to have children at an advanced age. Hence, the need for surrogacy has risen. However, current policies and laws in China prohibit surrogacy, resulting in a domestic black market and people seeking international surrogacy. This article surveys legal and judicial practices in China and attempts to forecast whether China is likely to explicitly prohibit or legitimize surrogacy in the short term.