Under rules established by the Ministry of Health in 2001, it is illegal for any medical personnel or institute to offer surrogacy services. Trading in sperm, ovum, fertilized eggs and embryos are also illegal. When the two-child policy was drafted, it originally came with an amendment in which surrogacy would be outright banned. But the government later scrapped the provision.

As a result this ban made it impossible for women struggling with infertility to legally have a long-awaited child with a help of surrogate mother. After numerous discussions, surrogacy was found as a technique that embodies unavoidable social and ethical issues. Nowadays there are approximately 500 surrogacy agencies across China, and many of them are recruiting surrogate mothers. However it is not legal and doing such procedure in China will not provide you with the official security, safety and legally correct documents and agreements.