China Mainland in Uproar Over Surrogate Mother Controversy Involving Top Actress

Global Times: Surrogacy Not Punishable Under Chinese Law... Legal Blind Spot
Up to 5 Years Imprisonment Possible for Neglecting Support Obligations

[Asia Economy Beijing=Special Correspondent Jo Young-shin] The Chinese mainland has been thrown into turmoil over the surrogate mother issue involving China's top actress.

According to the Hong Kong South China Morning Post (SCMP) on the 20th, Zheng Shuang (30), a top Chinese actress who rose to stardom with the 2009 Chinese version of 'Boys Over Flowers' series titled 'Yi Qi Lai Kan Liu Xing Yu (一起來看流星雨)', attempted to have two children through a surrogate mother in the United States with her boyfriend, producer Zhang Heng. However, it was revealed that she abandoned the children after breaking up with Zhang Heng before the children were even born.

Chinese actress Zheng Shuang (Photo by Baidu capture)

On the 18th, Zhang Heng posted on Weibo (the Chinese version of Twitter) that he and his family were stuck in the United States, unable to move due to the issue of caring for the two young children.

Additionally, a friend of Zhang Heng provided documents to Chinese media regarding a baby boy born on December 19, 2019, and a baby girl born on January 4, 2020, claiming that these were Zheng Shuang and Zhang Heng's children born in the United States.

He also released a recorded conversation between Zheng Shuang, Zhang Heng, and their parents discussing what to do with the children who were still in the surrogate mother's womb. In the conversation, Zheng Shuang's father suggested abandoning the children at the hospital, but Zhang Heng's father opposed it, stating it was illegal.

Furthermore, Zheng Shuang expressed frustration as the surrogate mother was already seven months pregnant, making abortion impossible, and Zheng Shuang's family proposed adoption of the children. Following the exposure of these facts, Zheng Shuang became the hottest topic online in China on the 18th and 19th.

The Chinese state-run Global Times also covered the story with the headline "Chinese Actress Abandons Surrogate Babies in the U.S." It reported that due to this surrogate mother issue, Zheng Shuang's modeling contract with the Italian luxury brand Prada was terminated.

The British jewelry brand Laura Rose and fashion magazine Harper's Bazaar also immediately deleted posts related to Zheng Shuang online, according to the Global Times.

The Global Times explained that Zheng Shuang's surrogate-related Weibo posts have been viewed 4.6 billion times, causing a huge controversy in China.

As the controversy grew, even the Political and Legal Affairs Commission of the Central Committee of the Chinese Communist Party stepped in. The commission pointed out that she was clearly not innocent, having exploited legal loopholes.

Chinese lawyer Zhang Jing explained, "Surrogacy is illegal in China, but if a child is born in a country where surrogacy is allowed by paying the costs, it cannot be punished under Chinese law." This indicates a legal blind spot in Chinese law.

However, he added that abandonment of Zheng Shuang's children can be punished under Chinese law. Chinese criminal law stipulates that if one fails to fulfill the obligation to support elderly, weak, minors, or those unable to live independently, they can be sentenced to up to five years in prison.

The Global Times pointed out that the surrogacy business is thriving by exploiting loopholes in Chinese law. Every year, 2,500 to 3,000 children are born through surrogacy in Ukraine, one-third of whom are Chinese children. It also added that the surrogacy cost is about 50,000 U.S. dollars (approximately 55 million Korean won).