In family life, infertility of one party is not the legal basis for divorce. Whether to choose divorce should be settled by both parties through consultation. The commonly understood "surrogacy", that is, "giving birth to a child through the abdomen", belongs to a kind of artificial assisted reproductive technology.

Infertility of one party cannot be used as a condition for divorce unless it is known before marriage and deliberately concealed (this is called cheating marriage and can be used as a condition for divorce). If one party sues for divorce on the grounds that the other party is infertile, the other party will counterclaim for abandonment, and the court will support the infertile party when deciding. "China law does not allow any form of surrogacy. Surrogacy violates public order and good customs, harms public interests and is recognized as illegal by national laws. this