Since 2023, Shenzhen has achieved some success in combating illegal surrogacy activities, but it has also exposed the serious problems and challenges behind this phenomenon. Recently, the Health Supervision Institute of a Shenzhen district smashed an illegal surrogacy den in Meihua Villa through undercover investigations, revealing the secrecy and complexity of surrogacy activities.

Shenzhen Surrogacy Fees

"It usually starts at $600,000, and it's the simplest kind, using the client's own fertilized eggs and finding a 'substitute mother'Giving birth. Then there's the 'Package Success' package for $850,000, because the surrogacy process may not be successful in a single attempt, and if multiple attempts are needed, the 'Package Success' package covers all the costs at one price. In the case of 'Ensuring Successful Sex Selection', that's a million dollars.If egg and sperm donations are also needed, the cost is additional."

Illegal surrogacy agencies discovered

During an enforcement action, law enforcement officers discovered a villa with five floors from the basement to the top floor, suspected of carrying out illegal surrogacy activities such as egg collection and embryo transfer. Law enforcement officers found a number of medical equipment, drugs and instruments at the scene, includingSurgical gowns, surgical trays, vaginal dilators, liquid nitrogen tanks and incubatorsetc.

Surrogacy facilities in a villa in Shenzhen

Law enforcement officers found several rooms used for surrogacy operations in the villa, including a laboratory, an operating room and a packing and cleaning room. The laboratory contained two incubators in an energized state with petri dishes marked with different names, and liquid nitrogen tanks with a dozen EP tubes marked with different names. Medical waste such as fluid-soaked oocyte collectors and syringes were also found in the operating room.

At the scene, law enforcement officers found seven persons involved in the case, including "surrogate mothers" (surrogate mothers), "egg girls" (egg donors), clients, laboratory operators and nurses. Each of these people assumed different roles and participated in illegal surrogacy activities together.

The operation successfully dismantled this illegal surrogacy ring. The person in charge of the agency was also confiscated the illegal income and related medicines and equipment and fined according to the law for carrying out the practice of human assisted reproduction technology without obtaining the Practice License for Medical Institutions. Other medical personnel involved in the case were also subject to corresponding administrative penalties.

Shenzhen's health supervision department reminded that according to the Measures for the Administration of Human Assisted Reproductive Technology, it is prohibited to buy or sell gametes, congenitals and embryos in any form, and medical institutions and medical personnel are not allowed to carry out any form of surrogacy technology.

Challenges and recommendations

Despite the fact that Shenzhen has achieved some success in combating illegal surrogacy activities, there are still many complex issues behind this phenomenon.

First, the difficulty of legal regulation

Illegal surrogacy activities are often carried out covertly, and law enforcement agencies need stronger intelligence and technical support.

Second, it is driven by market demand

The demand for surrogacy among senior women and infertility patients remains strong, prompting some to take the risk of engaging in illegal surrogacy.

Thirdly, the public's legal awareness and risk prevention are inadequate

Many people are unaware of the legal ramifications and health risks of illegal surrogacy and are vulnerable to exploitation by unscrupulous individuals.

So why must so many families seek out surrogate mothers for surrogacy? There are several groups of people involved, some of whom are unable to have children, and some of whom do not have the time to do so.

What are the main client groups that surrogates deal with?

The demand for surrogacy is centered on the following groups:

1. Infertile couples

Infertile couples are one of the main groups in need of surrogacy. Although modern medical techniques such as in vitro fertilization (IVF) and artificial insemination (IUI) have helped many infertile couples, there are still couples who are unable to conceive a child even through these techniques. For these couples, surrogacy becomes the only way to fulfill their fertility dreams.

For example, a couple approaching 40 years of age had been married for five or six years and had been unable to conceive naturally. They tried IVF several times and eventually conceived, but the woman was unfortunately diagnosed with breast cancer at this time. She was unable to continue the pregnancy due to the need for anti-cancer treatment. However, the couple was so keen to keep the hard-earned child that they decided to complete the birth through a surrogate mother.

2. Homosexuals

Homosexuals, especially gay men, are also an important group for surrogacy needs. Many homosexual couples wish to have children who are related to them, but due to biological reasons, they are unable to fulfill this desire through natural means. Surrogacy offers a viable solution that allows them to have their own children.

3. Single women who do not want to have children

Single women are also an important group of people seeking surrogacy services. These women are unwilling or unable to have children themselves due to age, health conditions, career plans or other personal reasons. Through surrogacy, they are able to fulfill their desire to have children while maintaining their independence in life and work.

Some affluent single women may be past their optimal childbearing age because they are older, but still want to have children of their own. Others may be unable to conceive for health reasons, such as suffering from severe cardiovascular disease or other conditions that pose a higher risk of pregnancy. In addition, some professional women may have busy work schedules and do not want their careers interrupted by pregnancy and childbirth. Through surrogacy, they can realize their desire to become mothers without interrupting their careers.

Overall.Domestic surrogacyDemand in the service market is growing rapidly, especially in some Tier 1 cities,For example, Shenzhen, Shanghai, Guangzhou, Wuhanetc. The increasing demand for surrogacy among infertile couples, homosexuals and affluent single women has led to a significant rise in the number of people inquiring about and seeking surrogacy services. Although surrogacy is still an underground industry in the country, the strong demand in the market has led to the growth of surrogacy services.

Through surrogacy, these specific groups have been able to realize their dreams of procreation and meet their reproductive needs. Despite the current legal and ethical challenges, the existence of surrogacy services undoubtedly provides a viable avenue for many to realize their reproductive aspirations.

Why is surrogacy not legal in China?

The formation of surrogacy stems first and foremost from advances in modern medical technology. With the development of in vitro fertilization (IVF) technology, surrogacy technology has matured and is able to solve the fertility problems of infertile patients. However, while surrogacy technology meets the need for fertility, it also poses enormous social problems and risks, including ethical and legal challenges.

Widespread use of surrogacy techniques and their problems

With the development of surrogacy techniques, the range of people seeking surrogacy has gradually expanded. However, the use of surrogacy technology brings with it complex parental and kinship issues. In the commercialized surrogacy market, children are seen as commodities that can be traded, and surrogate children may face difficulties such as not having parents, not being able to go to school, and not being able to seek medical care.

Health and economic risks for surrogate women

Most surrogate women rent out their wombs for payment for financial gain. These women often come from the lower social strata of society and are not sufficiently aware of the health and emotional risks associated with surrogacy. During surrogacy, women are subjected to a variety of risks, including the risk of multiple births, ovarian hyperstimulation syndrome, ectopic pregnancies, miscarriages, hemorrhages, and the possibility of serious health consequences after delivery.

Ethical issues: objectification of women and exploitation of the poor

The ethical issues raised by surrogacy are multifaceted. In commercialized surrogacy, both the woman and the child are objectified. The child is viewed as a commodity that can be customized and produced, and the surrogate woman is reduced to a reproductive tool, with disregard for human life, value and dignity. In addition, surrogacy leads to the oppression and exploitation of the poor by the rich, and the economic resources available to the poor through surrogacy essentially become a yoke for the oppression of women.

The Ethical Dilemma of Surrogate Children

The complex relationship between surrogate children and their parents poses ethical dilemmas. Some surrogate children are denied the right to know their genetic parents, which can lead to a range of problems, such as the risk of marrying a sibling in a marriage or the inability to find a suitable match for a bone marrow or organ transplant in the event of a serious illness.

Legal issues: challenges in the underground surrogacy market

China's laws clearly prohibit surrogacy, but many areas of the country: Wuhan, Guangzhou, Shenzhen, Shanghai and other underground surrogacy market still exists, disrupting the normal reproductive and social order, and easy to cause legal disputes. Surrogacy triggered by custody, guardianship and inheritance disputes occur from time to time, the surrogate woman's legitimate rights and interests are difficult to protect, the surrogate child's life predicament and legal rights and interests are also lack of protection.

Existing laws take a negative attitude towards surrogacy, but the penalties are light, resulting in low illegal costs for offenders and a chaotic underground surrogacy market. To solve the problem of surrogacy, it is necessary to improve the corresponding laws and regulations, increase the strength of the fight against illegal surrogacy and its enforcement, protect the legitimate rights and interests of surrogate women and children, and maintain normal fertility and social order in society.

With surrogacy banned in the country, what is the way out for families unable to have children?

As a result of the strict ban on surrogacy in the country, black intermediaries and illegal surrogacy agencies have emerged. In the absence of regulation and legal protection, these agencies have brought about many social problems and risks. The chaos in the illegal surrogacy market not only jeopardizes the rights and interests of surrogate women and surrogate children, but also disrupts the normal reproductive order of society.

Recommendation for the elaboration of legislation to regulate surrogacy in the country

Many young couples are unable to have children due to fertility problems, while some middle-aged couples face the same difficulties due to their age and physical condition. For these infertile families, the ban on surrogacy in the country puts them in a difficult situation, leading them to seek other ways to realize their desire to have children.

In the face of the needs of infertile families, simply banning surrogacy will not solve the problem. The State should consider enacting specific legislation to regulate surrogacy.Detailed provisions on the concept of surrogacy, legal situations, illegal situations, monitoring mechanisms and legal responsibilitiesThis will help to meet the needs of infertile families within a legal framework. This will help to meet the reproductive needs of infertile families within a legal framework, while safeguarding the legitimate rights and interests of those involved.

Options for legal surrogacy abroad

With surrogacy not yet legalized in the country, infertile families have the option of going to theSurrogacy in legal countries abroad. Many countries have clear legal provisions and regulatory mechanisms for surrogacy and can provide safe and legal surrogacy services. This not only helps infertile families to realize their desire to have children, but also avoids the risks and problems associated with illegal surrogacy in the country.

Choice of legal surrogacy countries

For infertile families considering overseas surrogacy, there are several countries that offer legal surrogacy services, and here are some of the main options:

Surrogacy in the United States: The United States is one of the most mature countries for surrogacy services, with well-established surrogacy laws and strict regulation, so that the rights and interests of the surrogate mother and the legal identity of the child can be effectively safeguarded.American Surrogacy PricesWhile the cost is higher, in the neighborhood of $180,000-$200,000, the success rate and safety are also relatively high.

Surrogacy in Kyrgyzstan: Surrogacy laws in Kyrgyzstan are clear, the surrogacy process is transparent, and the cost is relatively low, typically around 500,000-550,000 RMB. Surrogacy agencies in the country generally provide a full range of services, including medical care, legal counseling and follow-up support.

Surrogacy in Kazakhstan: Surrogacy laws and regulations in Kazakhstan are well developed, surrogacy services are affordable, and the rights of both the surrogate mother and the commissioning family are fully protected. Surrogacy agencies in Kazakhstan also provide comprehensive services covering medical, legal and psychological support.

The Do's and Don'ts of Overseas Surrogacy

Choosing to go abroad for surrogacy requires caution. First, choose a surrogacy agency with a good reputation and legal credentials to ensure that the surrogacy process is safe and legal. Secondly, it is important to understand the surrogacy laws and regulations of the chosen country to avoid getting into legal disputes due to unclear laws or regulations. Finally, consider the surrogacy costs, follow-up services, and contract details with the surrogacy agency to ensure that the entire surrogacy process goes smoothly.

summarize

In the face of China's ban on surrogacy, infertile families can consider going abroad to legal countries for surrogacy. When choosing an overseas surrogacy, it is important to choose a surrogacy agency carefully, understand the relevant laws and regulations, and ensure the safety and legality of the surrogacy process. Through reasonable selection and planning, infertile families can realize their fertility wishes under a legal framework, while avoiding the risks and problems associated with illegal surrogacy in China.