In the field of assisted reproductive law, surrogacy, as a new form of procreation, has attracted significant attention due to its implications for reproductive rights, women’s bodily autonomy, and the rights of children. However, current laws lack specific regulation on surrogacy, particularly commercial surrogacy, leading to the proliferation of underground markets and the emergence of ethical conflicts. To respond to the urgent societal demand for standardized regulation of surrogacy, this paper aims to propose a scientific and rational legal pathway, distinguishing between commercial and altruistic surrogacy, improving the criminal regulatory system, and preventing the social risks arising from surrogacy. This study adopts literature analysis and comparative legal methods, combined with typical cases, to review current Chinese legislation and extraterritorial legislative experiences, and to explore the legal nature and criminal regulation logic of surrogacy behavior. It argues for taking “whether it is commercial” as the core classification standard to construct a tiered regulatory mechanism, thereby balancing reproductive rights and the maintenance of social ethical order.
Jing Pang (Mon,) studied this question.