US Surrogacy Boom Raises Concerns Over Exploitation

Lawmakers scramble to address federal loopholes enabling foreign nationals to secure US citizenship for children born via surrogacy.

Published on Feb. 12, 2026

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The United States has become a global hub for surrogacy, with some Chinese billionaires reportedly fathering over 100 children through American surrogates. This has raised concerns about the commercialization of human life, the exploitation of vulnerable women, and the uncertain legal status of the children involved. Congress is now working to address federal loopholes that allow foreign nationals to use US surrogacy services while securing birthright citizenship for their children.

Why it matters

Surrogacy raises fundamental ethical concerns about the commodification of human life and the exploitation of women's bodies. There are also questions about the long-term psychological impact on children separated from their birth mothers. A national ban on surrogacy is seen as necessary to protect babies and women, but this alone may not be enough to prevent the US from being a destination for international 'reproductive tourism'.

The details

High-profile cases have exposed the uncertain legal terrain of international surrogacy arrangements. A Chinese billionaire has fathered over 100 children, 12 of whom were born via US surrogates, while a Nevada surrogate is suing a California couple she alleges deceived her. The FBI is investigating whether the couple was selling the babies they produced at scale. Congress is now working to close federal loopholes that allow foreign nationals to secure US citizenship for children born through surrogacy.

  • In 2023, a Los Angeles court denied a Chinese billionaire parentage rights over 4 children born via US surrogates, whom he had not yet met.
  • This week, reports emerged of a Nevada surrogate suing a California couple she says deceived her, learning only after giving birth that she had carried the couple's 26th child in quick succession.

The players

Xu Bo

A Chinese video-game billionaire who has reportedly fathered over 100 children, 12 of whom were born via surrogates in the USA, gaining birthright citizenship.

FBI

The Federal Bureau of Investigation is investigating a case where a California couple is alleged to have been selling babies produced at scale through surrogacy.

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What they’re saying

“Surrogacy crosses that line. Under surrogacy, a child becomes a commodity exchanged for cash. Women become raw materials to be exploited for reproductive gain.”

— Lois McLatchie Miller, Writer and commentator (The Daily Wire)

“Psychologists warn that this kind of early separation can produce lasting harm — post-traumatic stress disorder, anxiety, attachment disorders, developmental delays, and behavioral issues in later childhood. What adults call a miracle, the child experiences as loss.”

— Lois McLatchie Miller, Writer and commentator (The Daily Wire)

What’s next

The judge in the case involving the California couple will decide whether to allow them to retain parental rights over the 26 children born via their surrogacy arrangements.

The takeaway

This issue highlights the need for a comprehensive global crackdown on the commercial surrogacy industry to protect vulnerable women and children from exploitation. A national ban alone may not be enough, as the US risks becoming a destination for 'reproductive tourism' if loopholes persist.