Surrogacy contracts are illegal. In the legal relationship, the surrogate mother and her children belong to the mother-child relationship because of their natural blood relationship, and they enjoy all the rights of children as mothers and should also fulfill their obligations as mothers. The biological father of the child has the legal obligation to support the child, and the custody right of the child shall be implemented with reference to the provisions of the Civil Code. Under normal circumstances, it is awarded to the biological mother within two years of age, and after two years of age, it is awarded on the principle of benefiting the child's physical and mental interests.

legal ground

Article 107 1 of the Civil Code stipulates that children born out of wedlock enjoy the same rights as those born in wedlock, and no organization or individual may harm or discriminate against them. The biological father or mother who does not directly raise children born out of wedlock shall bear the responsibility for raising minor children or adult children who cannot live independently.