Surrogacy has been banned in China since 2001, yet growing infertility rates and uneven enforcement of the law mean some couples still consider it despite the risks. Understanding surrogacy in China involves looking at its legal restrictions, ethical debates, and financial implications. While Surrogacy Cost in China can vary widely and often comes with uncertainty, many couples are turning to safer and more transparent options abroad in countries such as Iran, India, and the United States. Through Vita Life, both married and single individuals can explore these alternatives, with packages ranging from $20,000 to $38,000, helping them make informed choices about building their families.
Is Surrogacy Legal in China?
In China, surrogacy is not legally permitted. Since 2001, the country has prohibited all commercial surrogacy arrangements, meaning fertility clinics are not allowed to facilitate or advertise surrogacy services.
The main goal of this ban is to protect women from potential exploitation, prevent human trafficking, and avoid turning childbirth into a commercial transaction. Despite these restrictions, some unofficial or underground surrogacy arrangements still exist, though they operate outside the law and carry significant legal and ethical risks.
Why People Still Consider Surrogacy in China?
Even though surrogacy is officially banned in China, many couples—both local and from abroad—still explore it as an option. There are a few main reasons behind this continued interest:
Rising Infertility Rates in China
Infertility affects both men and women and has been rising sharply in China, increasing from 7.5% in 2007 to 18.2% in 2020. Factors such as lifestyle changes, delayed marriage, stress, and reproductive health issues contribute to this trend. Beyond being a medical concern, infertility can strain couples emotionally and socially.
Growing awareness and public interest, reflected in search trends on platforms like Baidu, show that more couples are seeking information and solutions. For many, when standard fertility treatments fail, surrogacy becomes an important option to build their family (BMC Public Health, 2025).
Government Policies Encouraging Higher Birth Rates
To tackle declining birth rates and an aging population, China has steadily introduced policies to support families and encourage childbirth. Over the past decade, family planning rules have been relaxed, allowing couples to have two children in 2016 and a third child in 2021.
Starting in 2025, a nationwide childcare subsidy program was launched, offering families 3,600 yuan (about $503) per year for each child under three. These subsidies are tax-exempt and do not affect eligibility for other forms of assistance, benefiting an estimated 20 million families annually (State Council of China, 2025).
Local governments have also piloted generous incentives, such as one-time or annual subsidies for second and third children. These measures aim to reduce the financial burden of raising children and provide reassurance to parents, while broader support—including parental leave, childcare services, and preschool education—is gradually improving conditions for families.
These policies, combined with increasing awareness of reproductive options, have indirectly influenced interest in fertility treatments and surrogacy for couples facing conception challenges.
Regional Differences and Lack of Enforcement
Although surrogacy is illegal in China, enforcement varies by region. In some less developed provinces, laws are applied less strictly, allowing private clinics and brokers to operate with minimal oversight. This creates a small underground surrogacy market despite the legal risks.
Surrogacy Cost in China
Surrogacy is illegal in China, but at Vita Life, we support Chinese couples—married or single—in building their families through legal, affordable surrogacy programs abroad. Our trusted services in countries like Iran and India offer regulated surrogacy with clear legal protections, costing far less than U.S. programs ($100,000-$150,000). With Vita Life, surrogacy costs in China range from $20,000 to $38,000, depending on your chosen package.
Factors Influencing Surrogacy Cost in China
- Medical Expenses: Includes IVF, prenatal care, and delivery costs.
- Surrogate Compensation: Covers the surrogate’s time and commitment.
- Legal and Agency Fees: Ensures contracts, parental rights, and expert guidance.
- Travel and Accommodation: Accounts for international surrogacy travel expenses.
- Insurance: Provides coverage for prenatal, birth, and postnatal care.
Vita Life delivers transparent surrogacy pricing and personalized support for Chinese clients, ensuring a safe and affordable journey to parenthood with top international clinics.
Main Ethical Concerns: Potential Exploitation of Women
A major ethical concern surrounding surrogacy in China is the risk of exploiting women, particularly those from low-income or less-educated backgrounds. Some women may agree to become surrogates without fully understanding the legal, emotional, or social implications, often motivated by the promise of financial compensation.
This raises serious questions about consent, fairness, and the protection of vulnerable individuals, highlighting why surrogacy remains a deeply debated and sensitive issue in the country.
Custody and Parental Rights After Surrogacy
In China, surrogacy being illegal creates uncertainty around custody and parental rights. There is no clear legal framework to determine who has authority over the child after birth.
This can lead to difficult situations—sometimes surrogate mothers may be reluctant to hand over the baby, while in other cases, intended parents, including some foreign couples, may change their minds. Since surrogacy agreements are not legally enforceable, disputes can be emotionally and legally challenging, leaving all parties in a vulnerable position.
Public Opinion and Social Attitudes Toward Surrogacy in China
Public opinion on surrogacy in China is divided. Some people view it as a modern solution for couples struggling with infertility, appreciating the chance it offers to build a family. Others see it as morally problematic, arguing that it can exploit women—especially those with limited financial resources—and turn childbirth into a commercial transaction.
This mix of support and criticism reflects broader societal debates about ethics, gender, and inequality, making surrogacy a sensitive and often controversial topic in China.
Popular Surrogacy Destinations for Chinese Couples: A Comparison
Chinese couples who cannot pursue surrogacy in China often consider going abroad. Here’s a comparison of the most popular destinations:
Iran: A legal and regulated option where surrogacy contracts are enforceable, parental and inheritance rights are clear, and overall costs are relatively low. This makes Iran a safe and affordable choice for many couples.
United States: Surrogacy is legal in certain states, offering advanced reproductive technologies and high-quality clinics. However, it is very expensive, with costs typically ranging between $100,000 to $150,000.
Georgia: Under new Georgian law, only gestational surrogacy is permitted. In this process, the surrogate carries an embryo created using the intended mother’s or an egg donor’s egg and the intended father’s or a sperm donor’s sperm. Legal procedures are clear, but this is more specialized than other destinations.
Ukraine: Previously a popular choice, but ongoing war and instability make it inaccessible for most international couples at the moment.
India: Surrogacy is legal only for married heterosexual Indian couples under specific medical conditions. According to the Surrogacy (Regulation) Act 2021, only couples meeting certain criteria can use surrogacy. Costs are generally lower than in many other countries, but legal and regulatory restrictions may pose challenges.
Colombia: Surrogacy is legal for married heterosexual couples and the country is considered a popular destination. Costs are lower compared to many other countries, though legal and cultural conditions can present challenges.
Mexico: Surrogacy is legal for married heterosexual couples, with some states having their own specific regulations. Costs are relatively low, but legal and regulatory conditions may be challenging for some couples.
Each destination differs in terms of legality, cost, and accessibility. For Chinese couples, considering these factors carefully is crucial when planning surrogacy abroad.
Comparing Surrogacy in China vs. Iran
Surrogacy in China is illegal, and strict regulations make the process risky and often expensive, especially for couples who try to navigate the underground market or seek services abroad. Legal protections for parents and children are unclear, adding to the uncertainty.
In contrast, surrogacy in Iran is fully legal and regulated. Contracts are enforceable, parental and inheritance rights are clearly defined, and costs are generally lower than in many Western countries. For couples seeking a safe, legal, and affordable surrogacy option with clear religious and legal guidance, surrogacy in Iran presents a reliable alternative.
Conclusion: Key Takeaways About Surrogacy in China
Surrogacy in China is illegal, with strict rules to protect women and prevent commercial exploitation. Despite rising infertility and regional differences in enforcement, illegal surrogacy carries serious legal and ethical risks, including unclear parental rights.
For couples seeking a safe and affordable alternative, surrogacy in Iran offers legal contracts, clear parental rights, and lower costs. Understanding the risks, laws, and options is essential for anyone considering surrogacy in China.
Frequently Asked Questions on Surrogacy in China
1. Is surrogacy legal in China?
No. Surrogacy is officially illegal in China, and fertility clinics are not allowed to offer surrogacy services.
2. What do Chinese people think about surrogacy?
Opinions are mixed. Some see it as a solution for infertility, while others worry it exploits women and raises ethical concerns.
3. What options do Chinese couples have to do surrogacy?
Since it’s illegal in China, many couples consider surrogacy abroad, with popular destinations including Iran, the U.S., Georgia, India, and Mexico, depending on legal access, cost, and safety.
4. What are the risks of illegal surrogacy in China?
Illegal surrogacy carries legal uncertainty, potential exploitation of women, and unclear parental rights, making the process risky for both intended parents and surrogates.