A lightly regulated surrogacy framework in parts of the United States is drawing renewed scrutiny as reports reveal that some ultra-wealthy Chinese businessmen are using it to have unusually large numbers of children, raising difficult questions around ethics, citizenship and legal oversight, the Wall Street Journal reported.
A pattern that caught a judge’s attention
The issue surfaced after a Los Angeles family court judge noticed a striking pattern in confidential surrogacy filings. The same individual appeared repeatedly in parentage petitions linked to multiple unborn children. Further checks suggested the applicant, Chinese videogame entrepreneur Xu Bo, had already fathered several children through US surrogates and was planning many more.
During a closed hearing in 2023, Xu appeared remotely from China and reportedly told the court he hoped to have around 20 US-born children who could eventually help manage his business. The judge rejected his parentage request, an unusual decision in such cases, leaving several children without clear legal status. Xu’s company later disputed aspects of the account but did not address the core concerns raised by the court.
The legal gap driving cross-border surrogacy
Commercial surrogacy is illegal within China, but Chinese law does not clearly prohibit citizens from pursuing it overseas. In contrast, several US states allow paid surrogacy, with California emerging as a major hub. This mismatch has created what fertility specialists describe as regulatory arbitrage, where wealthy clients exploit differences between national legal systems.
Over time, a specialised ecosystem has developed to serve this demand. Fertility clinics, surrogacy agencies, law firms, delivery coordinators and nanny services can manage nearly every step of the process. In some cases, intended parents never set foot in the US. The cost can reach around $200,000 per child, making the route accessible only to the very wealthy.
Research data shows that international use of US surrogacy rose sharply between 2014 and 2019, with Chinese nationals forming a significant share of foreign clients.
From family building to scale
Many Chinese clients pursue surrogacy for familiar reasons such as infertility, age-related concerns or same-sex partnerships. But some cases stretch far beyond conventional family building. Xu has publicly referred to himself as “China’s first father” and posted online about wanting dozens of sons. Another executive, Wang Huiwu, reportedly arranged surrogacies for 10 daughters, stating an ambition for them to one day marry influential men.
Even within the surrogacy industry, such cases cause unease. Some clinics and lawyers refuse to work with clients seeking multiple simultaneous pregnancies, citing ethical and logistical risks. Others accept large-scale commissions, encouraged by fees that can run into tens of thousands of dollars per case.
Citizenship and political backlash in the US
Children born on US soil automatically acquire American citizenship under the 14th Amendment, regardless of their parents’ nationality. This has long been politically sensitive. Authorities have tightened rules around so-called birth tourism, and former President Donald Trump issued an executive order challenging automatic birthright citizenship, which remains under judicial review.
Lawmakers have also responded. Senator Rick Scott has introduced legislation proposing to bar access to US surrogacy for nationals of certain countries, including China, citing national security and human trafficking concerns. Separately, US law enforcement agencies have interviewed surrogates linked to Chinese clients as part of broader investigations, though details remain limited.
Ethical unease in China
Within China, surrogacy is widely viewed as ethically problematic. State media and officials have criticised it as exploitative and socially destabilising. High-profile cases involving celebrities or officials have triggered public backlash, investigations and career fallout. Analysts point to a clear tension between private elite behaviour and official moral messaging.
A system under strain
The rise of cross-border surrogacy highlights gaps in oversight on both sides of the Pacific. US courts often lack visibility into how many surrogacy arrangements an individual has pursued across jurisdictions, while industry guidelines are largely voluntary and weakly enforced.
As global fertility markets expand and wealth concentrates, experts warn that cases like Xu’s may become more common. What began as a medical solution for childless families is increasingly testing legal systems, ethical norms and the meaning of citizenship itself.
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