Surrogacy Insights

In China, there are no rules prohibiting surrogacy, but fines may be enforced for medical professionals. There are no criminal penalties.

Despite the lack of legislation, it is estimated that there are over 400 agencies in existence.   Participation appears limited to residents, or at least no records of non-residents obtaining a parental order recognizing them as parents.

Proclamation that Surrogacy is not Permitted

In December 2020, the People’s Court Daily (a state-owned publication) stated: “This is a solemn reminder from us: China has explicitly banned surrogacy. According to Chinese regulations on assisted reproductive technology, clinics, and medical workers shall not conduct any forms of surrogacy techniques.” The article was a response to a controversial short film by filmmaker Chen Kaige, about a commercial surrogacy arrangement. 

In Jan 2021, Chinese actress, Zhang Zheng, was at the center of a nationwide scandal when she was accused of abandoning her two babies born via surrogacy in the United States.  With over 2 billion views to this story, the Communist Party declared “Surrogacy is banned in our country.” 

Surrogacy Law is unclear in China

It is unclear if there will be a crackdown on the practice of surrogacy or the passing of legislation to outlaw or legalize surrogacy in China.