Illegal Motherhood: A Response to Contemporary Fertility Issues in China

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Authors

Statucki, Tazia

Issue Date

2016

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Thesis

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en_US

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Abstract

Surrogacy, the process of using in vitro fertilization to impregnate a surrogate mother commissioned to have the baby by the intended parents, is legal to practice in many industrialized nations, including the United States, England, Canada, Australia, and Russia. China, however, prior to January 1, 2016, prohibited surrogacy in any form, whether for commercial or altruistic reasons. It was while eliminating the One-Child policy in December 2015 to replace it with a Two-Child Policy that government officials decided to remove the policy line banning surrogacy. Although surrogacy is no longer banned in China, it is also not deemed legal to practice by the government. The deletion of the surrogacy ban in the family planning policy signifies not only a monumental change in public policy in China, but also signifies a shift in the social culture and political economics of fertility. Legalization of surrogacy would supply families with an alternative family planning method, provide a practical solution for infertility concerns among women in China, and address and solve the challenges the illegal industry presents. This thesis examines the current status of gestational carrier surrogacy as an assisted reproductive technology in China and its potential implications for the future through a comparison of the benefits and consequences of commercial and altruistic surrogacy.

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