DeSantis touts China surrogacy ban amid birth tourism reports

Florida Gov. Ron DeSantis this week touted a state law banning Chinese surrogacy contracts, after reports that Chinese citizens were using surrogacy to obtain children with automatic U.S. citizenship. DeSantis signed the legislation in May, blocking individuals from countries deemed hostile to the United States from inking surrogacy contracts with women in Florida. The ban applies to citizens or residents of China, Russia, Iran, North Korea, Cuba, Venezuela, and Syria.

DeSantis’ statement came in response to a CBS article that reported that Chinese billionaire Xu Bo had over 100 children through American women serving as surrogates, securing U.S. citizenship for them at birth. Xu disputed that number, saying he had 12 children who were U.S. citizens. The article also pointed out that most surrogacy contracts that foreign citizens make with U.S. women appeared to take place in California due to favorable laws and proximity to China.

A scientific study found that from 2014 to 2020, Chinese citizens paid for roughly 13% of all surrogacy embryo transfers in the United States. Out of the transfers initiated by foreign citizens, Chinese people accounted for 42%.

U.S. Sen. Rick Scott of Florida, in late 2025, introduced a federal bill similar to the Florida law banning foreign surrogacy. It was read twice and referred to the Senate Judiciary Committee, but hasn’t made further progress.

Dig deeper: Read Nick Eicher’s explanation of birth tourism in the United States, largely coming from China.