Abstract
Surrogacy has risen on a global scale due to the development of medical technology. International surrogacy is intensive as a result of forum shopping out of the variety of national policies on surrogacy and laws on legal parentage, resulting in some private international law issues. For instance, the complexity of parentage in many international surrogacy cases in recent years often leads to parentless surrogate born children. To that end, the Hague Conference on Private International Law has been working on this affair in order to protect children and women in international surrogacy from a private international law perspective.
In light of the abolition of one-child policy in China, demand for international surrogacy among Chinese citizens has increased, especially in families that only have one child and would like to bear a second one but where advanced childbearing age is worrisome. Meanwhile, highly educated women are likely to have children at an advanced age. Hence, the need for surrogacy has arisen. However, current policies and law in China prohibit surrogacy, resulting in a domestic black market and sought after international surrogacy. This Article seeks to survey the efforts of the Hague Conference on Private International Law in this regard, as well as legal and judicial practice in China by examining law and cases in detail to forecast China’s response in the future in terms of policy making and law making domestically and its position towards international agreements on legal parentage and international surrogacy arrangements.
Recommended Citation
Yingying Wu,
A Review of International Surrogacy Arrangements from a Private International Law Prespective and China's Policy Response,
34 Fla. J. Int'l L.
183
(2023).
Available at: https://scholarship.law.ufl.edu/fjil/vol34/iss2/1