<p>Amid increasing transnational reproductive mobility, the lived experiences of non-genetic, non-gestational intended mothers remain critically underexplored in both law and bioethics. This study investigates the ethical and legal complexities experienced by Chinese intended mothers who pursue transnational gestational surrogacy using donor eggs, focusing on a narrative case study of a woman who, despite fulfilling all caregiving and social maternal roles, lacks genetic and gestational ties to her child. Situated between the US and Chinese legal systems, her case reveals the vulnerabilities and anxieties faced by non-biological mothers in jurisdictions where legal parenthood remains closely tied to biological or birth-related criteria. Two interrelated findings emerge: first, that assisted reproductive technologies (ART), while often promoted as tools of female empowerment, can paradoxically intensify gendered expectations and erode reproductive autonomy within traditional family structures; second, that fragmented maternal roles—genetic, gestational, and social—lead to what this paper theorizes as a technological-kinship-legal misalignment, wherein maternal identity becomes precarious and legally unrecognized. Through the lens of this lived experience, the paper critiques biocentric and contract-based legal models and underscores the urgent need for culturally informed, inclusive reproductive frameworks. Rather than offering a universally generalizable conclusion, the study contributes conceptual insight into how caregiving intention and familial stability could be more adequately reflected in parentage recognition. Ultimately, this research appears to be fostering legislative reflection and a more inclusive framework aimed at enhancing the legal and emotional security of intended parents—particularly those who remain structurally invisible under current norms.</p>

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Reconfiguring Motherhood: The Paradox of Autonomy and the Technological-Kinship-Legal Misalignment in Transnational Gestational Surrogacy

  • Ruoran Murphy Qiu

摘要

Amid increasing transnational reproductive mobility, the lived experiences of non-genetic, non-gestational intended mothers remain critically underexplored in both law and bioethics. This study investigates the ethical and legal complexities experienced by Chinese intended mothers who pursue transnational gestational surrogacy using donor eggs, focusing on a narrative case study of a woman who, despite fulfilling all caregiving and social maternal roles, lacks genetic and gestational ties to her child. Situated between the US and Chinese legal systems, her case reveals the vulnerabilities and anxieties faced by non-biological mothers in jurisdictions where legal parenthood remains closely tied to biological or birth-related criteria. Two interrelated findings emerge: first, that assisted reproductive technologies (ART), while often promoted as tools of female empowerment, can paradoxically intensify gendered expectations and erode reproductive autonomy within traditional family structures; second, that fragmented maternal roles—genetic, gestational, and social—lead to what this paper theorizes as a technological-kinship-legal misalignment, wherein maternal identity becomes precarious and legally unrecognized. Through the lens of this lived experience, the paper critiques biocentric and contract-based legal models and underscores the urgent need for culturally informed, inclusive reproductive frameworks. Rather than offering a universally generalizable conclusion, the study contributes conceptual insight into how caregiving intention and familial stability could be more adequately reflected in parentage recognition. Ultimately, this research appears to be fostering legislative reflection and a more inclusive framework aimed at enhancing the legal and emotional security of intended parents—particularly those who remain structurally invisible under current norms.