Surrogacy in Greater China: The Legal Framework in Taiwan, Hong Kong, Macao, and Mainland China

Abstract

Nowadays surrogacy contracts are becoming increasingly more frequent all over the world. Nonetheless, the complex juridical and ethical issues involved raise relevant doubts in legal orders. This article focuses on legislation regarding surrogacy in China and Taiwan. Due to its special state structure, legislative attitudes towards surrogacy are different in Taiwan, the Hong Kong Special Administrative Region, the Macao Special Administrative Region and the Chinese Mainland. Although surrogacy is only expressly allowed in Hong Kong, surrogacy contracts are also used in other jurisdictions, even if they “exist” in a grey area. This article will give a brief introduction about surrogacy legislation in these four regions in China and reveal the differences amongst them, many of which are due to the cultural specificities of each territory.