Surrogacy not just a reproductive rights issue

All in all, the revised PRC Population and Family Planning Law does not have any compromising content on surrogacy.

Although China has allowed some medical institutions to conduct research in In vitro fertilization, the administrative organizations strictly prohibit surrogacy for commercial purposes.

Surrogacy is not just an issue of reproductive rights; it also involves a series of ethical issues. As some cases show, the legal dispute over surrogacy is very complex. Whether or not children are born to biological mothers, they all require proper care and protection. How surrogate mothers should be protected by the law, however, needs to be determined by serious in-depth studies and the judiciary.

From the child-protection point of view, China should encourage surrogacy, for infertile couples. But couples who need complementary fertility assistance to have children can seek the help of national statutory medical institutions. In other words, China has not completely banned assisted reproductive technology through approved medical institutions, but to have access to it couples have to pass through strict procedures. The technology can help legally married couples have children.

In vitro fertilization is not new in China, but it involves complex relationships and laws. Despite this, the revised law as the basic family planning law of China for special reproductive technology does not have detailed provisions.

But with reproductive technology continuing to improve, China is expected to develop appropriate technology and ethical norms. And once that is done, assisted reproductive technology will provide Chinese couples with more reliable help.

The author is a professor of law at Zhongnan University of Economics and Law.