Recently, a shocking case in Arcadia, Southern California, revealed that a Chinese couple had arranged for surrogate mothers in the U.S. to give birth to 21 babies. The couple, who ran a surrogacy company called Mark Surrogacy, was accused by the FBI of deceiving multiple unsuspecting surrogate mothers and then illegally selling the babies to China for profit.
The case raised questions: would any ordinary family really want to raise 21 children? How could they possibly care for so many infants? Reports suggested that some of the babies were abused and neglected, implying they were not lovingly raised but treated as commodities “produced” for profit. This sparked suspicions of human trafficking, where U.S.-born babies were illegally sold into China. With limited transparency and weak oversight in the global surrogacy industry—along with high demand—illegal supply chains are easily formed. While media have yet to follow up deeply on this case, the scandal has reignited debates about the legal and ethical dilemmas of surrogacy, while placing the booming trend of Chinese families pursuing U.S. surrogacy back in the public eye.
In fact, U.S. surrogacy is no longer new among Chinese families. In the past, China’s middle-class and wealthy parents sought opportunities by giving birth in Hong Kong or the U.S. for their children’s future benefits. More recently, advances in reproductive technology—such as IVF and embryo freezing—alongside demand from single people, LGBTQ+ communities, and those with medical infertility, have made “U.S. surrogacy” increasingly common among Chinese.
For many infertile couples in China, America’s legal surrogacy framework provides an option otherwise unavailable at home. Surrogacy of any kind is banned in China. Without legal institutions or protections, underground surrogacy there carries enormous legal and ethical risks for both clients and surrogates. This has pushed many families abroad, particularly to the U.S., where surrogacy is well-regulated and legally protected.
In Chinese culture, children represent the continuation of family lineage. According to China’s Population and Development Research Center, as of 2023, women over 35 accounted for 43.2% of infertility cases nationwide. With rising maternal age and declining ovarian function, IVF success rates also fall. For many, surrogacy becomes the “last resort” balancing medical reality and traditional expectations.
Why Chinese Families Choose U.S. Surrogacy
Surrogacy is illegal in China, but in certain U.S. states—such as California, Nevada, and Florida—commercial surrogacy is permitted, with California being a global hub. There, medical institutions, legal systems, and agencies form a complete industry chain. Clear legal frameworks outline the rights and obligations of egg donors, recipients, and intended parents, helping prevent future disputes. In states like California, babies born via surrogacy can list intended parents directly on their birth certificates without adoption procedures.
This legal clarity, combined with the fact that children gain U.S. citizenship at birth, explains why wealthy Chinese are willing to pay about $120,000 per surrogacy arrangement—nearly double other destinations, according to BBC.
A Choice for the Wealthy
Given the costs—covering IVF, surrogate compensation, legal fees, and overseas expenses—surrogacy is largely limited to China’s rich elite and celebrities. From tycoons to movie stars, many opt for overseas surrogacy to extend bloodlines, balance career and family, or build a desired family image.
Cases range from a Guangzhou businessman who fathered octuplets with multiple surrogates, to Hong Kong billionaire Lee Shau Kee’s son using surrogacy despite being unmarried, to Chinese entrepreneur Ye Haiyang raising two daughters via frozen eggs and U.S. surrogacy. Meanwhile, actress Zheng Shuang faced public outrage after abandoning two U.S.-born surrogate babies following a breakup, which ended her career.
From Medical Aid to Commercialization
Initially, surrogacy aimed to help couples with infertility or genetic issues. But demand has broadened, with some celebrities using surrogacy to avoid pregnancy, body changes, or childbirth pain. In places like California, the industry has become commercialized, with families even selecting egg or sperm donors based on appearance or education to “customize” children.
While some surrogates act out of altruism, many are motivated by financial compensation. Similarly, egg donation often carries economic incentives. This raises questions about whether surrogacy exploits vulnerable women while commodifying reproduction.
Moral and Ethical Challenges
Cases such as an Australian couple abandoning a surrogate-born baby with Down syndrome in Thailand highlight ethical dilemmas. When intended parents treat babies as “products,” rejecting them if “defective,” society is forced to ask: do they love the child, or only an idealized version?
Surrogacy also disrupts natural mother-child bonding developed during pregnancy, raising concerns about weakened parental responsibility. Additionally, unregulated egg and sperm donation risks accidental incest among future generations.
The Future of Surrogacy
As China faces declining birthrates and aging demographics, demand for reproductive options will grow. More countries may gradually legalize surrogacy to meet societal needs. However, to prevent commercialization, strict laws and oversight are necessary—ensuring compensation covers only reasonable pregnancy costs, with surrogacy overseen by nonprofit agencies under government regulation.
Yet even if China were to legalize surrogacy with strict limits, many wealthy families may still prefer the U.S. for citizenship benefits and looser restrictions. This suggests surrogacy controversies will remain global, requiring international cooperation to strike a balance between medical assistance, ethics, and human rights.