Surrogacy in China: Intended Parents’ Challenges and Solutions

China is one of the states where surrogacy is prohibited. But despite the ban, this service is popular in the country. Approximately 12% of China’s population has an infertility problem, which numerous clinics have treated with long applied assisted reproductive technologies, albeit with some limitations. For instance, artificial insemination of single women is forbidden. The prohibition of surrogacy is due, inter alia, to difficulties in regulating parental authority transfer. Opponents of surrogate motherhood in China consider such a process immoral and not worthy of legalization. Follow through the article to discover what are the options for intended parents in China.

Surrogacy Cost in China: What Are the Options?

Chinese Ministry of Health regulation issued in 2001 puts surrogacy in a de facto grey area. Like many other people from countries where surrogacy unavailable, Chinese intended parents seek solutions for their maternal eagers overseas. For those who can afford it, the United States is a popular choice. However, the price tag for American services is overwhelmingly high for most Chinese. It is why intended parents from the Middle Kingdom focus on options from Eastern European countries such as Ukraine. Addressing international surrogacy agencies is a chance to fulfil dreams of building a family, minimizing concerns as possible. The total cost of full-spectrum assistance programs include:

the IVF procedure and embryo transfer fees
pregnancy care and after birth assistance
surrogate carrier compensation
legal support payments

Thus, aspiring parents get comprehensive support without going over the budget.

Legal Regulations Over a Surrogate Mother in China

According to Chinese law, the gestational carrier is designated as the natural mother and intended mother as the social parent, even if she gave her genetic material. This arrangement creates further uncertainties and confusion over legal parentage and custody, which does not benefit the born baby’s interest.

The agency usually handles all the communication between a surrogate mother and parents who want to have a child. They sign a three-way contract, but it’s still not enough to settle their relationship. If a surrogate decides to keep the baby, there will be no legal leverage. But, according to the media, there have not been such cases yet.

Legal Regulations Over a Surrogate Mother in China

Is There a Chance for Gay Surrogacy in China?

China decriminalized homosexuality in 1997 but does not recognize same-sex marriage. Besides, gay couples are not allowed to adopt children, so surrogacy turns out to be not one of the many but the only option. To reduce attachment issues after delivery, the egg donor and gestational carrier are rarely the same women. It makes the process remarkably expensive, especially for Chinese couples who have to do it abroad.

Consequently, gay couples seeking the procedure have had to incur higher medical costs and travel expenses than before. While in America, it takes around $150,000 to become a parent through surrogacy, Colombia and Mexico offer flexible pricing policies and a loyal legal attitude. For that reason, the countries mentioned above become top destinations for the Chinese LGBT community.

Conclusion

Surrogacy in China is prohibited over the state policy «One child in the family.” Besides, another reason is the ethical side of the issue. To avoid this, China’s government is actively supporting adoption programs, providing new fertility treatment methods. However, the number of couples who use the services of surrogate mothers is increasing each year.

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