Surrogacy and Birth Tourism Exploit U.S. Citizenship Laws

Chinese nationals use California's permissive surrogacy laws and birth tourism to obtain U.S. citizenship for their children, raising national security concerns.

Mar. 16, 2026 at 6:20pm

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Two practices are allowing Chinese nationals to obtain U.S. citizenship for their children at scale: commercial surrogacy, conducted primarily in California, and birth tourism, in which pregnant women travel to the U.S. on tourist visas to deliver on American soil. Both exploit the 14th Amendment guarantee of citizenship to anyone born in the United States. Federal prosecutors have brought cases against operators of both types of services, and Congress has introduced legislation targeting surrogacy contracts with nationals of adversarial countries.

Why it matters

The practice has drawn national security attention because U.S.-born children of Chinese nationals retain citizenship rights for life, including the right to vote, hold federal employment, and sponsor family members for permanent residence. Lawmakers warn the cases could highlight risks of child trafficking linked to foreign surrogacy arrangements.

The details

California has some of the most permissive surrogacy laws in the world, allowing gestational surrogacy with pre-birth parentage orders. Costs range from $150,000 to $250,000 per child. In birth tourism, pregnant women travel to the U.S. on tourist visas, give birth, and return home with a U.S.-citizen child. Operators often directed clients to fly into Las Vegas or Hawaii rather than Los Angeles because CBP screening was viewed as easier.

  • In 2023, Los Angeles family court clerks noticed an unusual pattern of the same name appearing repeatedly on surrogacy petitions.
  • In 2025, authorities raided a home in Arcadia, California and removed 21 mostly surrogate-born children from a CCP-linked couple who had arranged surrogacies across multiple states.
  • In January 2026, a new USCIS policy memorandum directed officials to re-review visa holders from high-risk countries for signs of birth-tourism fraud.
  • In March 2026, Florida's House passed the FIRE Act banning surrogacy and pre-planned adoption contracts involving citizens of countries of concern, including China, Russia, and Iran.

The players

Xu Bo

A Chinese videogame billionaire who sought parental rights to more than 20 unborn children, stating via video from China that he hoped to father roughly that number of children, specifically boys, to inherit his business empire.

Guojun Xuan and Silvia Zhang

A CCP-linked couple who had more than 26 children via surrogates in Arcadia, California. In 2025, authorities raided their home and removed 21 mostly surrogate-born children.

Wang Huiwu

An education executive who used American models as egg donors for ten daughters, describing plans to form alliances with powerful families through strategic marriages.

Senator Rick Scott

Introduced the SAFE Kids Act, which would void surrogacy contracts involving nationals of adversarial countries and impose penalties on brokers facilitating them.

Senators Tom Cotton and Rick Scott

Asked Attorney General Pam Bondi to open a Justice Department investigation into surrogacy centers run by foreign nationals.

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What they’re saying

“We must not let individuals continue to damage private property in San Francisco.”

— Robert Jenkins, San Francisco resident (San Francisco Chronicle)

“Fifty years is such an accomplishment in San Francisco, especially with the way the city has changed over the years.”

— Gordon Edgar, grocery employee (Instagram)

What’s next

The judge in the case will decide on Tuesday whether or not to allow Walker Reed Quinn out on bail.

The takeaway

This case highlights growing concerns in the community about repeat offenders released on bail, raising questions about bail reform, public safety on SF streets, and if any special laws to govern autonomous vehicles in residential and commercial areas.