Commercial surrogacy remains illegal in China, but a key legal grey area is now drawing global attention: Chinese law does not explicitly ban citizens from pursuing surrogacy overseas. This loophole, combined with lightly regulated surrogacy frameworks in parts of the United States, is raising serious ethical, legal and citizenship-related questions.
According to a report by the Wall Street Journal, some ultra-wealthy Chinese businessmen are increasingly turning to the US to have children through paid surrogacy arrangements—sometimes in unusually large numbers.
A Pattern That Alarmed a US Judge
The issue came into focus when a Los Angeles family court judge noticed a striking trend in confidential surrogacy filings. The same individual repeatedly appeared in parentage petitions, each linked to different unborn children.
Court records reportedly pointed to Xu Bo, a Chinese videogame entrepreneur, who had already fathered multiple children through US-based surrogates and was allegedly planning many more.
During a closed court hearing in 2023, Xu appeared remotely from China and told the judge he hoped to have around 20 US-born children, whom he envisioned would one day help manage his business empire. In a rare move, the judge rejected the parentage request, leaving several children in a state of legal uncertainty. Xu’s company later contested parts of the account but did not directly address the judge’s core concerns.
The Legal Gap Fueling Cross-Border Surrogacy
Experts say the situation highlights a growing case of regulatory arbitrage—where wealthy individuals exploit differences between national legal systems.
- China: Commercial surrogacy is banned domestically, but overseas surrogacy is not clearly prohibited.
- United States: Several states, including California, allow paid commercial surrogacy, making them global hubs for fertility services.
This legal mismatch has enabled cross-border surrogacy arrangements that challenge traditional norms around family law, citizenship rights, and ethical boundaries.
Rising Ethical and Policy Concerns
The trend is prompting renewed debate around:
- Ethics of large-scale commercial surrogacy
- Citizenship and legal status of children born via overseas surrogates
- Insufficient oversight in international fertility arrangements
- Potential exploitation within lightly regulated systems
As global wealth mobility increases, policymakers on both sides may face mounting pressure to tighten regulations and close legal loopholes governing international surrogacy.
Keywords: US surrogacy laws, Chinese overseas surrogacy, commercial surrogacy China, California surrogacy rules, cross-border surrogacy ethics, international fertility law, surrogacy citizenship issues
