By 
28-10-2024
Fanni Lovas
Human Rights Researcher
Global Human Rights Defence
A shocking case in China has reignited debate over the country’s illegal surrogacy industry. In Chengdu, a 28-year-old surrogate was abandoned by her agency after discovering she was pregnant, causing widespread public outrage. This incident, paired with the growing demand for surrogacy services, has prompted authorities to investigate the practices surrounding assisted reproductive technologies in the country.
Surrogacy is prohibited in China, with the government having pledged to severely crack down on related activities, including the buying and selling of eggs, sperm, and surrogacy services. Despite the legal restrictions, the underground market for surrogacy continues to thrive, driven by China’s declining birth rate. Last year, the country’s population shrank for the second consecutive year, triggering government action to boost the fertility rate. In response, the Chinese State Council introduced a set of 14 measures to create a more” Birth-friendly” society, underscoring the pressure the country faces to address its demographic crisis. However, illegal surrogacy cases, such as the one in Chengdu, reveal severe risks to women’s rights and well-being, with many individuals exploited for financial gain.
China, as a signatory of several international human rights conventions, faces scrutiny over its obligations. Under the International Covenant on Economic, Social, and Cultural Rights (ICESCR), China is required to ensure the protection of women’s rights, including the right to health and safety in reproductive matters. Additionally, the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) stresses the importance of safeguarding women from exploitation, particularly in sectors like surrogacy. Despite these obligations, China’s lack of comprehensive regulation surrounding reproductive rights and its failure to address the risks of illegal surrogacy practices reflect a gap in compliance with international standards. This disparity raises concerns about China’s adherence to international commitments and whether more legislation is needed to protect vulnerable women involved in such practices.
The illegal surrogacy industry in China remains a deeply problematic issue, compounded by both legal and social challenges. While the government’s crackdown aims to curb exploitation, incidents like the abandonment of the 28-year-old surrogate underscore the need for more effective regulations. The case highlights the power imbalances and exploitation inherent in an unregulated system, where women’s bodies are commodified for financial gain. The balance between increasing birth rates and protecting women’s rights will require careful consideration, not only within the scope of domestic law but also in alignment with international human rights frameworks.
Sources:
(2024, November 22). Chinese social media reels over women’s illegal surrogacy case. VOA. https://www.voanews.com/a/chinese-social-media-reels-over-young-woman-s-illegal-surrogacy-case-/7864732.html Accessed 21 November 2024.
International Covenant on Economic, Social, and Cultural Rights, 3 January 1976, 993 United Nations Treaty Series 3 (entered into force 3 January 1976).
(2024, November 1). China surrogacy abandonment case being investigated after online criticism. Reuters. https://www.reuters.com/world/asia-pacific/china-surrogacy-abandonment-case-being-investigated-after-online-criticism-2024-11-01/ Accessed 21 November 2024.
Convention on the Elimination of All Forms of Discrimination Against Women, 1 March 1980, 1249 UNTS 13 (entered into force 3 September 1981).
(2024, November 14). Chinese social media reels over young women’s illegal surrogacy case. https://www.hindustantimes.com/world-news/chinese-social-media-reels-over-young-woman-s-illegal-surrogacy-case-101731546295853.html Accessed 21 November 2024.
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