Legislate surrogacy rather than ban it

The final amended Law on Population and Family Planning that came into effect on Jan 1 seemingly does not ban surrogacy, meaning being a surrogate mother will not be a crime. This would reflect a prudent and cautious approach to this issue.

The Ministry of Health banned surrogacy in 2001, but the existing ban has failed to achieve the desired result of more efficiently regulating the issue. Surrogacy in China is essentially a social problem relating to supply and demand, and banning it completely has simply created a black market to cater to the demand.

While those who want a ban on surrogacy argue it is contrary to human dignity and social customs, and may give rise to "designer" babies, corruption and destruction of families, along with disputes about who "owns" the baby, the reality is there is great demand for surrogate mothers.