Social, Medical, Legal, and Financial Fit
The four key principles in surrogacy are the social, medical, legal, and financial aspects, and in China there are a number of challenges under all of these.
Socially, a surrogate mother might experience stigma and social isolation, and in multiple communities, becoming a surrogate is seen as shameful. Many women who want to become a surrogate mother face multiple aspects with choosing this lifestyle such as judgment from peers, family, and even healthcare professionals. Additionally, a surrogate mother’s mental health may suffer due to secrecy, judgment, and lack of emotional support, which can impact the surrogate during the journey and later in life.
Medically, surrogates aren’t screened to a standard that is appropriate within surrogacy, and they could potentially not receive the right amount of care required during a pregnancy. Although there are underground services in surrogacy, and some of the clinics operating may offer thorough evaluations and prenatal support, others are not operating in an effective way toward surrogate mothers throughout surrogacy due to no regulation. The inconsistency that is surrounding the practice is raising serious concerns about the health and safety of both the surrogate and baby, even more so when there is uncertainty on whether the surrogates are receiving counseling, if correct surrogacy procedures are being performed for medical screening, and whether they will be provided with follow-up care. Without the correct regulation, surrogacy may endanger both the health of the surrogate and the baby.
Legally, all and any surrogacy contracts aren’t legally enforceable as already stated. The absence of the law being acknowledged and regulated, the practice leaves prospective parents and surrogates uncertain. Disagreements over parenthood, custody of the baby, or compensation to the surrogate is very complicated, with little litigation in China available to resolve these disputes in a fair manner.
Financially, the door to potential exploitation or misunderstanding has opened due to informal or vague agreements. The lack of legality in surrogacy is causing further complications for all those involved. Surrogates could find themselves not receiving the right amount of support or the compensation they were expecting or promised. Prospective parents are also exposed to hidden costs or fraud.
When you put the social, medical, legal, and financial issues together it shows that safe, transparent, and ethical surrogacy arrangements aren’t guaranteed in China. The confusion leaves everyone vulnerable to risks and displaying there is a need for clear laws and rules are urgently needed.
However, even though surrogacy is illegal in this country, Chinese agencies have established partnerships with other experts in countries like Georgia and Ukraine which are popular destinations. They have been arranging both surrogacy programs and egg donor services this way and the appeal lies in the clear legislations and legal parentage for prospective parents.
Although Thailand is nearby, since the ban in 2015 preventing foreigners from using the service it is not advisable. Chinese agencies continue to operate there unofficially, but the reason for this is the availability of Asian egg donors, essentially attracting Chinese couples who wish to preserve ethnic resemblance.
Other countries where surrogacy is legal, such as the United States, Canada, and more recently Laos have also seen growing Chinese demand. While costs are sometimes higher in Western destinations, they can also provide legal certainty, whereas in Southeast Asia and Eastern Europe, affordability and cultural compatibility are the main attraction points.
If you are considering this, it’s very important to speak with an expert who can provide you with direct legal help and assist you with anything else before starting your journey.
