A 28-year-old woman acting as a surrogate in Chengdu, a city in southwestern China, has reportedly been left without support by the agency that engaged her for surrogacy. This case has ignited waves of criticism on Chinese social media, bringing the often-overlooked surrogacy industry into public scrutiny and prompting health authorities to initiate a formal investigation. With surrogacy being illegal in China, the incident has reopened discussions around the country’s restrictive reproductive laws, as well as the demand for assisted reproductive services that continue to flourish underground.
China’s recent focus on reversing its declining birth rate has placed a spotlight on reproductive issues and the societal implications of surrogacy. Despite the official crackdown on surrogacy, high demand from families unable to conceive has spurred a covert industry that operates in the shadows, highlighting the complexities surrounding family planning policies, fertility challenges, and the rights of surrogates who sometimes find themselves vulnerable and unprotected.
The surrogate, whose identity has not been disclosed, underwent an embryo transplant approximately three months ago. According to the prominent social media commentator Shangguan Zhengyi, who monitors surrogacy cases across the nation, the woman initially showed no signs of pregnancy following the procedure. As a result, the surrogacy agency reportedly dismissed her and sent her back home.
Shortly afterward, the woman discovered she was indeed pregnant and attempted to contact the agency to inform them. However, her attempts to reconnect were met with silence. Shangguan’s exposé of her story on the social media platform Weibo quickly gained traction, sparking widespread debate. The post became one of the top trending topics on Weibo by Friday, with thousands of users expressing a range of reactions—from shock and anger to calls for regulatory change.
“This (surrogacy) has always existed in secret. Where there is demand, there will be such behaviour,” posted a user identified as Xiongzai. The user’s comment reflects a common sentiment about the clandestine nature of surrogacy in China, which exists despite laws prohibiting its practice.
The incident has caught the attention of local health authorities, with the Wuhou District Health Bureau in Chengdu taking swift action to address the situation. “We attach great importance to this surrogacy case and are currently investigating the relevant medical institutions. Once verified, it will be seriously dealt with in accordance with laws and regulations,” stated the Bureau in a public release.
While the Bureau has not specified a timeline for its investigation or potential penalties, the statement has provided some reassurance to the public that authorities are taking these accusations seriously. Health authorities have signaled an intention to crack down on illegal reproductive practices more strictly, following guidance from central leadership that prioritizes safeguarding the nation’s reproductive health standards.
In China, surrogacy is prohibited by law. The sale of reproductive materials like sperm and eggs is also banned, and individuals or agencies involved in these transactions are at risk of facing criminal charges. In 2023, Chinese authorities reaffirmed their commitment to curtailing these practices, pledging to “severely crack down” on surrogacy and related reproductive assistance activities. However, an ongoing demand for surrogates among those struggling with infertility, especially as fertility rates continue to drop, has allowed a black-market industry to endure.
The complexity of China’s legal framework on reproductive issues has led to a lack of protections for women who undertake surrogacy, often under informal or illegal arrangements. Due to the legal risks, many surrogacy agencies operate in secrecy, and their clients and surrogates are left with few options for legal recourse when problems arise. This lack of regulation not only places surrogates in vulnerable positions but also makes it difficult for the authorities to regulate or offer protections.
China’s strict policies on surrogacy and other reproductive technologies come in contrast to its urgent efforts to address a population decline that has now persisted for two consecutive years. The government’s focus on increasing the birth rate reflects concerns about a rapidly aging population and an imbalance in the workforce. As of this week, the State Council outlined 13 initiatives aimed at fostering a more “birth-friendly” environment, including economic incentives and social support systems intended to encourage couples to have more children.
However, China’s birth rate crisis has not reversed the nation’s restrictive stance on surrogacy. While some countries have moved to adopt legal frameworks that permit and regulate surrogacy, such as the United States and certain European nations, China remains firmly opposed to legalizing it. Critics argue that this position is counterproductive, as it denies infertile couples a legal option to have children and fosters an environment where surrogacy arrangements operate without oversight or accountability.
The case has triggered a wave of reactions on Weibo, where people expressed empathy for the surrogate and condemned the agency’s conduct. Many users highlighted the ethical and legal grey areas within China’s surrogacy landscape, noting the social stigma and legal consequences that surrogates face. Some called for government intervention to legislate and regulate surrogacy rather than allowing it to flourish in secrecy.
One user, Xiaoxi, commented, “There is nothing we can do if the country does not legislate it,” underscoring a view that stricter legal definitions and protections could prevent situations like this from arising in the first place.
Other users pointed to broader societal issues, arguing that the lack of legal avenues for surrogacy has only pushed the practice further underground, increasing the risks for those involved. Some users called for the government to reconsider its approach and consider regulating the industry in a way that protects both the rights of surrogates and the interests of families seeking reproductive assistance.
China’s stringent restrictions on assisted reproductive technologies (ART) have long been the subject of debate, with policymakers facing the challenge of balancing public health, ethical concerns, and family-building needs. The government has historically taken a cautious stance, viewing ART as a potential gateway to exploitation, especially for women from less privileged backgrounds who may be drawn into surrogacy arrangements out of financial necessity.
At the same time, the government has been forced to reckon with a growing demand for reproductive services as infertility rates increase and the birth rate declines. In 2022, infertility affected nearly 18% of married couples in China, a figure that has only intensified with lifestyle changes and delayed family planning decisions. Critics argue that without access to legal surrogacy, many couples have few options to pursue parenthood, leading to frustration and a reliance on underground agencies that lack accountability.
Surrogacy remains a polarizing issue in China, as in many countries around the world, due to its unique ethical and legal implications. Supporters of legalizing and regulating surrogacy argue that it could provide safer, structured options for both surrogates and families. Conversely, opponents contend that surrogacy can exploit economically vulnerable women, as surrogates are often paid substantial sums by agencies but receive little legal protection.
Additionally, the stigma surrounding surrogacy in China has exacerbated challenges for those involved, leading many surrogates to conceal their roles to avoid discrimination. In light of the Chengdu case, many legal experts have called for a more open discussion about the regulation of surrogacy, arguing that stricter oversight could reduce exploitative practices while giving surrogates better rights and protections.
The unfolding case in Chengdu has brought the issue of surrogacy to the forefront of public discourse, with calls for policy reform reaching new heights. Many activists and legal experts in China believe that the time has come for the government to consider new frameworks that address the needs of all parties involved in surrogacy arrangements. Suggestions include establishing comprehensive guidelines for surrogate compensation, health and welfare support, as well as clear legal recourse in case of contract disputes.
As China faces an impending demographic crisis, with a shrinking workforce and an aging population, some have argued that legalizing surrogacy could be an effective means to support families who struggle with infertility. However, until policies evolve, incidents like the one in Chengdu will likely continue to surface, shedding light on the vulnerabilities faced by surrogates and the complexities of China’s underground reproductive technology sector.
