No, commercial surrogacy remains illegal in China under the 2021 Civil Code and 2022 Ministry of Health guidelines, which prohibit all forms of paid gestational or traditional surrogacy. Only altruistic surrogacy is theoretically permitted under strict medical-ethical oversight, but enforcement remains inconsistent due to the absence of a formal registration system. Recent 2026 draft regulations by the National Health Commission further tighten penalties for intermediaries, including fines up to ¥500,000 and criminal liability for organizers.
Key Regulations for Surrogacy in China
-
Prohibition of Commercial Surrogacy: The 2021 Civil Code (Article 1007) and 2022 Interim Measures for Human Assisted Reproductive Technology explicitly ban paid surrogacy, including advertising and brokerage. Violations trigger administrative sanctions under the Regulations on the Administration of Human Assisted Reproductive Technology.
-
Altruistic Surrogacy Loopholes: While uncompensated surrogacy is not criminalized, hospitals must adhere to provincial-level ethical review boards (e.g., Beijing’s Ethics Committee for Assisted Reproduction), which rarely approve such arrangements. No legal framework exists to enforce altruistic agreements, leaving intended parents and surrogates in legal limbo.
-
Criminalization of Facilitation: The 2026 NHC draft amendments classify surrogacy brokers as “illegal medical practitioners,” punishable by up to 7 years imprisonment under the Criminal Law (Article 336). Clinics facilitating surrogacy face license revocation, and foreign surrogacy arrangements are subject to exit bans for children born abroad.