Section 2: Implementation of Surrogacy (preliminary draft)

Section 2: Implementation of Surrogacy

Article 21: Entrusting a Spouse Committee

Surrogacy should meet the following requirements:

Column Provisions:

  1. One party has a household registration in the country.
  2. One party resides in the country for more than 183 days each year.
  3. One party is under fifty years old.
  4. Both parties comply with the provisions of Paragraph 1, Paragraph 3, Paragraph 4, and Paragraph 2 of Article 12, Paragraph 1.
  5. Both parties meet one of the following circumstances:
    • The wife has no uterus or has a congenital abnormality in the uterus and cannot become pregnant.
    • The wife has difficulty conceiving children due to immune disease or other similar circumstances.
    • The wife is in serious danger of life-threatening pregnancy or childbirth.
    • Both spouses must be male.
    • When both spouses are female, both parties have one of the first, second, or third conditions mentioned above.

The entrusting spouse should be evaluated on psychological, financial, family, and living conditions and be suitable for entrusting surrogacy and raising children.

The entrusting spouse should entrust a surrogacy service agency to assist in handling surrogacy-related services; the surrogacy service agency may charge necessary fees from the entrusting spouse.