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surrogacy is a controversial issue around the world. china issued regulations in 2001 forbidding medical institutions and professionals from performing any kind of surrogacy procedure. however， the topic recently sparked heated debates as the standing committee of the National People’s congress （NPc）， china’s top legislature， dropped the ban on surrogacy.
in december 2015， officials initially included the ban in a draft amendment to the law on Population and Family Planning， but the top lawmakers removed the clause before approving the draft.
Rising infertility is regarded as the reason for the high demand for surrogacy in china. A report released by the women and children development center in 2012 found the infertility rate among women of childbearing age had increased to 12 percent in 2012 from 3 percent 10 years earlier.
As china changed its family planning policy， allowing couples to have a second child， more and more women in their late 30s or even 40s are trying to get pregnant. however， many are failing because of age-related problems.
with the news of lawmakers dropping the anti-surrogacy provision becoming public， those in favor of surrogacy insist that since the law doesn’t expressly prohibit the act， it can be resorted to. Given that underground surrogacy exists， it is better to regulate the practice rather than prohibit it. humane surrogacy helping infertile couples realize their dream of having children should be allowed.
however， critics maintain that surrogacy is not a simple matter of medical technology alone. it is also about ethics. therefore， the government should exercise prudence while legalizing it.
PrO
Zhou tianhong Biology professor and NPC Standing Committee member
China’s [previous] Ministry of Health， now part of the National Health and Family Planning Commission， explicitly prohibited surrogacy 15 years ago. In juridical proceedings， the court nullifies birth by surrogacy on the ground that it is immoral. But as assisted reproductive technology advances， underground surrogacy deals are increasing. Why is this happening？ Because there is demand.
Actually， allowing surrogacy means respecting infertile cou- ples’ reproductive rights， one of the most basic human rights. People also have the right to choose the ways in which they can have children. The law should not deprive infertile couples of the right to have offspring through surrogacy. Legalizing surrogacy will help alleviate domestic conflicts and guarantee people’s right to pursue happiness. At the same time， it will protect infertile people’s right to privacy and surrogate mothers’ rights.
Over the past years， surrogacy technology， ethics and laws have been changing. Some countries like the United Kingdom， regions like Taiwan， and some U.S. states have made surrogacy legal. The attitude toward surrogacy has evolved from discrimination to understanding， from prohibition to conditional permission and then full permission. Our Law on Population and Family Planning should also reflect such evolution. ca
CON
Sui Suli Professor at Peking Union Medical College
Dropping the anti-surrogacy provision doesn’t mean that the government will allow surro-gacy immediately.
The time is not yet right to legalize the practice as it is not only a matter of assisted reproductive technology， but also a legal and ethical issue. Relevant laws and regulations should be in place defining whether surrogacy is legal， parent-child relationship， the qualifications needed to be a surrogate agency or mother， and the risks and responsibilities during surrogacy. I don’t think these aspects can be sorted out within a short time.
We should especially keep ethics in mind while legalizing surrogate services. Even when the time is right to permit the practice， the law should explicitly ban the commercialization of surrogacy. ca
PrO
Shu Rui Media commentator
Candidly speaking， surrogacy is a process in which a woman accepts the commission to bear a child and hands the baby over to the commissioning party who has the right to raise the child after delivery. It is a sensitive subject and has spawned some extreme opponents who believe it will result in illegal medical practices， violations of the family planning policy， legal disputes and harm to surrogate mothers.
But surrogacy is a kind of assisted reproductive technology. We cannot attribute to such a neutral technology the consequences of abusing it. It is the absence of laws and regulations that has exacerbated illegal deals using surrogate mothers.
For women who cannot get pregnant because of uterine diseases or genetic problems， surrogacy may be the only choice to have offspring. An outright prohibition on surrogacy denies infertile people’s reproductive rights and their spouses’ legal right to have children. Therefore， humane surrogacy should be supported. When nature treats some people unjustly， it is necessary to rectify it and allow them the right to use assisted reproductive technology through legislation. It would be good if the law outlines the conditions for resorting to that desperate option and explicitly stipulates the qualifications required in the actors involved， the procedure for applying for surrogacy and related legal matters.
As for the debate on whether legalized surrogacy goes against morality， I don’t think it is a problem. Moral standards vary among people. They are more like a self-restraint rising from beliefs or convictions. Even if surrogacy were permitted by the law， you could still choose to refuse it in your personal life for moral reasons. It is your personal choice. By the same token， you shouldn’t judge others’ lifestyles based on your moral standards. ca
CON
tao Duanfang Scholar
Regarding reproduction， human beings should not be taken as emotionless commodities. Surrogate mothers’ dignity and rights should be equally respected and protected. Some countries now distinguish humane surrogacy from commercial ones and allow the former while forbidding the latter. However， even in developed nations， commercial surrogacies are carried out in the name of humane ones， leading to unexpected consequences.
Given China’s current situation， how to define humane surrogacy and commercial ones？ Will permitting humane surrogacy result in its abuse by businesses？ Worse still， will human trafficking and extramarital affairs prevail in the guise of humane surrogacy？
Surrogacies will inevitably lead to conflict of interests in a commercialized society. In the United States， there were cases in which people resorted to surrogacy to acquire inheritance rights or citizenship. In China， disputes on inheritance， household registration and division of properties have often resulted in complicated civil action. If surrogacy were permitted， those issues would become more complicated.
Therefore， surrogacy is no longer a mere reproductive issue but involves ethics and social as well as legal interests. Permitting such a practice without overall consideration would only lead to catastrophe. ca
PrO
Zeng ying Media commentator
An outright ban on surrogacy is an infringement on people’s reproductive right， one of the most basic human rights. A little more than 10 percent of Chinese couples of childbearing age hope to have children but face infertility. While cracking down on illegal surrogacy， the government should help address people’s legitimate demands to have offspring. Besides， under the one-child policy in the past， some couples had one child but then suffered bereavement. They want to have a second one but their physical conditions won’t allow it. Surrogacy is their last option.
Given the chaos over surrogacy， China should improve regulations and strengthen supervision， allowing surrogacies that solve real problems. Surrogacies aiming to make a profit should be prohibited. The ambiguous legal status of surrogacy only serves to create a loophole for illegal surrogacies and prevents people from enjoying effective scientific surrogate services. ca
CON
lan yan Employee in Beijing
I don’t think the government should permit surrogacy.
Although surrogate technology is mature， the survival rate of an embryo injected into the surrogate mother’s womb is under 50 percent. As there is no legal protection， the interests of both surrogate mothers and the couples looking for surrogates will be endangered once conflicts arise between them. Surrogate mothers will be the biggest victims.
The family that has resorted to surrogacy will live with a ticking bomb. What if the surrogate mother wants the child back？ Such disputes have happened in the past.
Surrogacy， though a concept with good intentions， has a lot of problems in practice. Rather than permitting surrogacy， it is much better to improve the adoption process so that children without parents can enjoy parental love from responsible families and couples with infertility problems can realize their dream of having children. ca
in december 2015， officials initially included the ban in a draft amendment to the law on Population and Family Planning， but the top lawmakers removed the clause before approving the draft.
Rising infertility is regarded as the reason for the high demand for surrogacy in china. A report released by the women and children development center in 2012 found the infertility rate among women of childbearing age had increased to 12 percent in 2012 from 3 percent 10 years earlier.
As china changed its family planning policy， allowing couples to have a second child， more and more women in their late 30s or even 40s are trying to get pregnant. however， many are failing because of age-related problems.
with the news of lawmakers dropping the anti-surrogacy provision becoming public， those in favor of surrogacy insist that since the law doesn’t expressly prohibit the act， it can be resorted to. Given that underground surrogacy exists， it is better to regulate the practice rather than prohibit it. humane surrogacy helping infertile couples realize their dream of having children should be allowed.
however， critics maintain that surrogacy is not a simple matter of medical technology alone. it is also about ethics. therefore， the government should exercise prudence while legalizing it.
PrO
Zhou tianhong Biology professor and NPC Standing Committee member
China’s [previous] Ministry of Health， now part of the National Health and Family Planning Commission， explicitly prohibited surrogacy 15 years ago. In juridical proceedings， the court nullifies birth by surrogacy on the ground that it is immoral. But as assisted reproductive technology advances， underground surrogacy deals are increasing. Why is this happening？ Because there is demand.
Actually， allowing surrogacy means respecting infertile cou- ples’ reproductive rights， one of the most basic human rights. People also have the right to choose the ways in which they can have children. The law should not deprive infertile couples of the right to have offspring through surrogacy. Legalizing surrogacy will help alleviate domestic conflicts and guarantee people’s right to pursue happiness. At the same time， it will protect infertile people’s right to privacy and surrogate mothers’ rights.
Over the past years， surrogacy technology， ethics and laws have been changing. Some countries like the United Kingdom， regions like Taiwan， and some U.S. states have made surrogacy legal. The attitude toward surrogacy has evolved from discrimination to understanding， from prohibition to conditional permission and then full permission. Our Law on Population and Family Planning should also reflect such evolution. ca
CON
Sui Suli Professor at Peking Union Medical College
Dropping the anti-surrogacy provision doesn’t mean that the government will allow surro-gacy immediately.
The time is not yet right to legalize the practice as it is not only a matter of assisted reproductive technology， but also a legal and ethical issue. Relevant laws and regulations should be in place defining whether surrogacy is legal， parent-child relationship， the qualifications needed to be a surrogate agency or mother， and the risks and responsibilities during surrogacy. I don’t think these aspects can be sorted out within a short time.
We should especially keep ethics in mind while legalizing surrogate services. Even when the time is right to permit the practice， the law should explicitly ban the commercialization of surrogacy. ca
PrO
Shu Rui Media commentator
Candidly speaking， surrogacy is a process in which a woman accepts the commission to bear a child and hands the baby over to the commissioning party who has the right to raise the child after delivery. It is a sensitive subject and has spawned some extreme opponents who believe it will result in illegal medical practices， violations of the family planning policy， legal disputes and harm to surrogate mothers.
But surrogacy is a kind of assisted reproductive technology. We cannot attribute to such a neutral technology the consequences of abusing it. It is the absence of laws and regulations that has exacerbated illegal deals using surrogate mothers.
For women who cannot get pregnant because of uterine diseases or genetic problems， surrogacy may be the only choice to have offspring. An outright prohibition on surrogacy denies infertile people’s reproductive rights and their spouses’ legal right to have children. Therefore， humane surrogacy should be supported. When nature treats some people unjustly， it is necessary to rectify it and allow them the right to use assisted reproductive technology through legislation. It would be good if the law outlines the conditions for resorting to that desperate option and explicitly stipulates the qualifications required in the actors involved， the procedure for applying for surrogacy and related legal matters.
As for the debate on whether legalized surrogacy goes against morality， I don’t think it is a problem. Moral standards vary among people. They are more like a self-restraint rising from beliefs or convictions. Even if surrogacy were permitted by the law， you could still choose to refuse it in your personal life for moral reasons. It is your personal choice. By the same token， you shouldn’t judge others’ lifestyles based on your moral standards. ca
CON
tao Duanfang Scholar
Regarding reproduction， human beings should not be taken as emotionless commodities. Surrogate mothers’ dignity and rights should be equally respected and protected. Some countries now distinguish humane surrogacy from commercial ones and allow the former while forbidding the latter. However， even in developed nations， commercial surrogacies are carried out in the name of humane ones， leading to unexpected consequences.
Given China’s current situation， how to define humane surrogacy and commercial ones？ Will permitting humane surrogacy result in its abuse by businesses？ Worse still， will human trafficking and extramarital affairs prevail in the guise of humane surrogacy？
Surrogacies will inevitably lead to conflict of interests in a commercialized society. In the United States， there were cases in which people resorted to surrogacy to acquire inheritance rights or citizenship. In China， disputes on inheritance， household registration and division of properties have often resulted in complicated civil action. If surrogacy were permitted， those issues would become more complicated.
Therefore， surrogacy is no longer a mere reproductive issue but involves ethics and social as well as legal interests. Permitting such a practice without overall consideration would only lead to catastrophe. ca
PrO
Zeng ying Media commentator
An outright ban on surrogacy is an infringement on people’s reproductive right， one of the most basic human rights. A little more than 10 percent of Chinese couples of childbearing age hope to have children but face infertility. While cracking down on illegal surrogacy， the government should help address people’s legitimate demands to have offspring. Besides， under the one-child policy in the past， some couples had one child but then suffered bereavement. They want to have a second one but their physical conditions won’t allow it. Surrogacy is their last option.
Given the chaos over surrogacy， China should improve regulations and strengthen supervision， allowing surrogacies that solve real problems. Surrogacies aiming to make a profit should be prohibited. The ambiguous legal status of surrogacy only serves to create a loophole for illegal surrogacies and prevents people from enjoying effective scientific surrogate services. ca
CON
lan yan Employee in Beijing
I don’t think the government should permit surrogacy.
Although surrogate technology is mature， the survival rate of an embryo injected into the surrogate mother’s womb is under 50 percent. As there is no legal protection， the interests of both surrogate mothers and the couples looking for surrogates will be endangered once conflicts arise between them. Surrogate mothers will be the biggest victims.
The family that has resorted to surrogacy will live with a ticking bomb. What if the surrogate mother wants the child back？ Such disputes have happened in the past.
Surrogacy， though a concept with good intentions， has a lot of problems in practice. Rather than permitting surrogacy， it is much better to improve the adoption process so that children without parents can enjoy parental love from responsible families and couples with infertility problems can realize their dream of having children. ca