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Chinese Nationals Use Loophole in CA Law for ‘Rent-a-Womb’ Scheme

As President Donald Trump fights to end his birthright citizenship, Chinese citizens are reportedly using the majority of the United States to borrow the womb of American women in the unregulated surrogacy industry, particularly in California, to give birth to babies and bring them back to China. It has been reported.

Unlike another underground industry in the state where Chinese citizens take pregnant Chinese women to the country to work with “baby brokers” where babies are born, unlike another underground industry in the state, it is a practice to call them “not illegal,” unlike another underground industry in the state.

When a wealthy Chinese couple pays an American woman to be “borrowing a womb,” and to represent them, even if the family quickly returns to China, the resulting child is automatically a US citizen.

Joseph McNally, a US lawyer for the Central District of California, told the outlet that the practice was concerning, pointing to Irvine's lawsuit.

“It provides China with real national security assets and the US with real problems,” McNally said.

The client pays about $200,000 to carry out the surrogacy process in the United States, and about $70,000 will be sent to the agent, according to the report.

Perham Zah, owner of the Beverly Hills egg donor and proxy laboratory, told the outlet that at one point 90% of clients were Chinese. Although he argued that this practice was not always for overlapping purposes.

“In this field, it's a false fame that people are coming here to become American citizens,” he said. “I have never met anyone with the evil intentions of having a child. It takes a lot of time, effort and money to go through this process.”

Heritage Foundation Report released This practice in 2024 was called “New Faces of Birth Tourism: Chinese People, American Agents, Born Citizenship.” The report points out that only child policies on China's current edge and the resulting social impacts, coupled with the fact that surrogacy is illegal in China, could contribute to the use of the American surrogate industry by Chinese citizens and create families.

Report details:

Commercial surrogate birth is illegal in China. In 2016, China lifted its restrictive one-child policy, but the outcomes of citizen births remained little different. Some states, desperate to promote childbirth amid the looming demographic crisis, have lifted restrictions that make it difficult and costly for children of unmarried parents to acquire Lake Hu. This change will allow unmarried men and women to have children without financial penalties. This opened more doors for the Chinese to entrust their surrogate US children. Nevertheless, the birth rate continues to decline.

Of Chinese men and women who want more children, many of them are past childbirth age, unable to find a partner, or address other fertility issues. Many clients who hire agents in the US are undoubtedly well-intentioned actors and want their children to love. However, surrogacy itself perpetuates inequality in childbirth, as only wealthy Chinese people can afford this option and there is no law to protect surrogate mothers, children, or intended parents from abuse by bad actors.

The report is “[f]The harsh organizations and institutions in the US are encouraging this international market with China,” and “”[g]California's proximity to Asia and its generous surrogacy regime, reviews of Golden State's top agencies show the widespread link between the US surrogacy institutions and China. ”

“Many websites offer language options only in English, Mandarin or Mandarin. They employ doctors, administrators and caseworkers from China. In some cases, they show the locations of two offices in California and mainland China,” the report states.

According to the News Nation, Rep. Harriet Hageman (R-WY) has sounded the alarm for the practice and called it “incredibly strange and dystopian.”

“Because of the misunderstanding of technology, loose surrogacy laws and the 14th amendment, the country is currently using international surrogacy programs to borrow the uterus in the United States,” Haageman said.

“I think we need to have a national dialogue about whether we think this is ethical or not, whether we think this is appropriate. Should we interpret our own laws as to whether we allow children to buy and sell the basics and uterus or whether we allow them to buy and sell the uterus,” she added.

Regarding the illegal underground “baby farm” industry in California, law enforcement has recently created several busts and is working to crack down on practices that have been happening for at least a decade, newsnation journalist Brian Entin reported.

Officials said couples are often housed in luxury apartments and mansions outside Los Angeles when illegal Chinese birth agencies organize trips to California and charge at least $100,000. Hotels and motels in California report meeting many Chinese pregnant women, with some saying they will come and stay for months before giving birth.

McNally told Entin that the “system” led to the birth of at least 30,000 Chinese babies to US citizenship.

“These were criminal businesses operating here in the US, and people who also hire people in China,” McNally said. “The organizers here had contact information at the hospital, and there was contact information there. It was the industry. The organizers of these schemes were responsible for the birth tourism of thousands of babies. They had a system in place.”

Katherine Hamilton is a political reporter for Breitbart News. You can follow her on x @thekat_hamilton.

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