The arrest of a couple in California following the discovery of 21 children allegedly maltreated in their mansion has illuminated a growing trend: wealthy Chinese citizens utilizing gestational surrogacy (GPA) in the United States to have large families, sometimes numbering in the dozens or even hundreds. The case, which came to light in February 2026, underscores the exploitation of loopholes in the American legal system and raises questions about the future of transnational GPA.
The initial alarm was raised in early 2025 when Kayla Elliott, while pregnant via a surrogacy arrangement with the same couple, received a message on Facebook from a woman claiming to be carrying a child for them as well. Elliott contacted Mark Surrogacy, the agency that connected her with the couple, expressing her concerns. According to reporting by The Recent Yorker, she was initially reassured by a counselor who acknowledged the couple’s desire for multiple children but dismissed the possibility of an exceptionally large number, stating, “Ne vous en faites pas, ils n’ont certainement pas un million d’enfants.”
The couple, identified as Chinese billionaires, reportedly paid Elliott €45,000 per month for expenses during her pregnancy. Elliott never met the couple directly, and appointments were frequently cancelled. This case is not isolated. Xu Bo, a Chinese video game magnate, recently claimed to be the father of over 100 children born in the U.S. Through GPA, according to a December 2025 report in the Wall Street Journal. Xu Bo reportedly expressed a desire for “a score” of sons to eventually take over his company, and indicated he hadn’t yet met many of them, citing work commitments.
The motivations behind this trend are complex, rooted in China’s past and present population policies. From 1979 to 2015, China enforced a strict one-child policy, driven by fears of overpopulation and economic constraints. This policy, while intended to curb population growth, led to a demographic imbalance and a strong cultural preference for sons to carry on family lines. Families circumventing the policy faced financial penalties, and in some cases, forced abortions and sterilizations. While the policy was relaxed to allow two children in 2016 and three in 2021, the birth rate has not rebounded as expected. In a recent move, beginning January 1, 2026, China began taxing contraceptives, including condoms and birth control pills, at a rate of 13%, a measure some spot as a further attempt to influence birth rates.
The United States has turn into a favored destination for Chinese citizens seeking GPA services due to its relatively lax regulations and the constitutional right to citizenship for anyone born within its borders, as enshrined in the 14th Amendment. This allows children born through GPA to become U.S. Citizens, potentially circumventing China’s family size restrictions and providing a pathway for family members to immigrate to the U.S. In states like California, the legal framework surrounding GPA is particularly favorable, recognizing the intended parents as the legal parents from birth and allowing for pre-birth orders establishing parentage.
The practice also allows for “designer babies,” with parents able to select the sex and other characteristics of their children through preimplantation genetic diagnosis combined with in vitro fertilization. Agencies catering to international clients, including those from China, often offer services in multiple languages, including Mandarin, and some are even affiliated with Chinese state-owned enterprises. Reports indicate over 107 GPA agencies managed by Chinese nationals operate in Southern California, almost exclusively serving wealthy Chinese clientele.
Still, the future of transnational GPA in the U.S. Is now uncertain. In January 2025, President Donald Trump signed a decree challenging the principle of birthright citizenship, which, if upheld by the Supreme Court, could significantly impact the appeal of the U.S. For those seeking citizenship through GPA. Republican Senators Tom Cotton and Rick Scott have requested a Department of Justice investigation into potential violations of federal law, including immigration fraud and human trafficking, related to GPA arrangements involving wealthy Chinese citizens and foreign-operated agencies.
Internationally, there is growing momentum to abolish GPA altogether. The Casablanca Declaration, signed by over 100 experts in March 2023, calls for a universal ban on GPA, citing concerns about the exploitation of surrogate mothers and the commodification of children. In July 2025, the UN Special Rapporteur on violence against women and girls presented a report to the General Assembly advocating for an international ban, citing similar concerns.
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