“Surrogacy Contract” Deemed Illegal and Invalid

AuthorWu Yadong et al

Zhang, a Xiamen entrepreneur, lost his child in an unfortunate car accident. Zhang consequently made an arrangement with Xiaoling, making her the surrogate mother. Pursuant to the contract, Zhang paid Xiaoling a monthly living allowance of RMB 15,000. The accumulated allowance came to about RMB 200,000.

In March, 2012, Xiaoling gave birth to a daughter, but refused to give the child to the Zhang couple. Zhang hence refused to pay for child support. Xiaoling sued, demanding Zhang to pay for “child support.”

The Court of Siming District, Xiamen City, Fujian Province gave Xiaoling custody of the daughter...

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