Everything You Need to Know About Surrogacy in China

surrogacy in China has become a hot topic in recent years, yet it remains in a legal gray area. Although the demand for this fertility treatment continues to grow, commercial surrogacy is officially illegal in China.

Many private and underground clinics in China continue to offer such services, leading to the creation of numerous legal, ethical, and social concerns—such as the legal custody of the baby after birth.

In this article, we explore the current status of surrogacy in China, why it persists despite legal restrictions, and compare it to legal and affordable options like surrogacy in Iran.

Is Surrogacy Legal in China?

As mentioned earlier, surrogacy in China is currently illegal. Since 2001, all forms of commercial surrogacy have been officially banned in China. Fertility clinics are not legally allowed to offer surrogacy services.

Surrogacy law in China prohibits fertility clinics from offering such services, aiming to prevent exploitation of women, human trafficking, and the Commercialization of childbirth. However, the underground surrogacy market in China continues to operate the procedure.



Why Do People Still Seek Surrogacy in China?

Despite the illegal surrogacy, both domestic and international couples continue to pursue surrogacy in China for a few key reasons:

• Rising Infertility Rates in China;

According to official statistics. infertility rates China have increased by over 15%. The rise is linked to factors such as lifestyle changes, poor reproductive health, high stress, and delayed marriage and childbirth. Therefore, many Chinese couples turn to surrogacy when other infertility treatments fail.



·Government Policy Shift for Higher Birth Rates;

After years of the one-child policy, China now faces a population decline and aging demographics. The government is encouraging couples to have more children, leading many to consider surrogacy—despite its legal risks.

·Lack of Enforcement in Certain Regions.

In less developed provinces, surrogacy laws in China are often not strictly enforced. This has enabled surrogacy brokers and private clinics to offer illegal services with minimal consequences.

Main Ethical Concerns in China: Exploitation of Women

One of the main criticisms of surrogacy in China is the potential for exploitation of poor women. Critics argue that this treatment often involves women who are poor and have limited education. These women may not fully understand the legal or emotional consequences of surrogacy—and are often lured by promises of high payments.



Custody Issues After Childbirth

Because of illegal surrogacy China, there is no clear law regarding the custody of the baby after birth. Some surrogate mothers refuse to hand over the child after birth, while in other cases, intended parents—especially foreign couples—change their minds and abandon the child. Since surrogacy contracts aren’t legally enforceable, there’s no clear resolution when things go wrong.

Public Opinion on Surrogacy in China

There is no clear consensus among the public in China regarding surrogacy. Supporters see it as a modern solution for infertility treatment. Opponents argue it is morally wrong and promotes exploitation. Many believe it commodifies women’s bodies and takes advantage of financial inequality.



Comparing Surrogacy in China vs. Iran

While Surrogacy china 2021 is officially illegal and banned, many infertile Chinese couples seek this service abroad. The harsh regulations, government crackdowns on the underground surrogacy market China make surrogacy in China risky and expensive. In contrast, Iran is one of the few Islamic countries where surrogacy is legal and overseen by religious and judicial authorities. In Iran, contracts are legally valid and inheritance issues are clearly defined. The overall cost of surrogacy in Iran is also significantly lower than in Western countries.

Iran stands out as a safe, legal, and affordable surrogacy destination, especially for families seeking religious and legal clarity.

Read more: What are the Best Countries for Surrogacy?

Conclusion

Surrogacy in China has been officially banned since 2001. Yet due to weak oversight and the existence of a thriving black market, illegal surrogacy China continues to be practiced underground. surrogacy China public opinion is different—some view it as a blessing, others as exploitation.

For those considering surrogacy, countries like Iran offer a more secure, ethical, and regulated environment.

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Frequently Asked Questions on Surrogacy in China

1.Is surrogacy legal in China?

No. Surrogacy is illegal in China, and no licensed medical facility is allowed to provide such services.

2.What do Chinese people think about surrogacy?

Opinions vary. Some see it as a hopeful modern treatment for infertile couples, while others reject it due to ethical and legal concerns.

3.What options do Chinese couples have to do surrogacy?

Despite illegal surrogacy China, underground surrogacy still takes place. In addition, many couples travel to neighboring countries where surrogacy is legal, such as Thailand, Georgia, and Iran.

4.What are the risks of illegal surrogacy in China?

Risks of surrogacy in China may include legal uncertainty, custody disputes, exploitation of surrogates, and lack of enforceable contracts.