For Chinese intended parents who welcome a child via surrogacy in the United States, one of the most frequently asked—and emotionally loaded—questions is:
“Can our baby apply for a Chinese Travel Document (旅行证) if they were born through surrogacy?”
While surrogacy remains a sensitive topic in China, many families have successfully navigated the application process. In this blog post, we will clarify the official stance, provide real-life examples, and share practical tips for applying for a travel document for a surrogate-born baby.
1. What Is the Chinese Travel Document?
The Chinese Travel Document (旅行证) is an official document issued by Chinese embassies and consulates to:
- Babies born abroad to Chinese citizen parents
- Babies not eligible for a foreign nationality (or whose parents choose not to apply for a foreign passport)
This document serves as a temporary substitute for a Chinese passport and allows entry into China. It is commonly used by babies born in the U.S. to Chinese parents.
2. Does Chinese Law Prohibit Travel Documents for Surrogacy Babies?
No, not directly.
China does not currently have an official legal framework regulating surrogacy, but neither does it explicitly prohibit travel documents for children born via surrogacy.
In practice, Chinese consulates do not ask whether the child was born through surrogacy. They only focus on the following:
Whether the child is a Chinese national by birth
- Whether both or one parent is a Chinese citizen
- Whether there is no other nationality acquired at birth
Whether proper legal and parental documents are submitted
- 💡 Important Note:
Some embassies may avoid processing if surrogacy is clearly indicated in your documentation (e.g., court documents stating “surrogate mother”). However, many families have successfully applied by focusing on the legal parent-child relationship rather than the method of birth.
3. Documents Typically Required for Application
Here are the most common documents required by the Chinese Consulate in Los Angeles, which processes many surrogacy-related cases:
✅ From the baby’s side:
U.S. birth certificate (with apostille)
- No U.S. passport application record (i.e., proof the baby has not acquired U.S. nationality)
- PBO (Pre-Birth Order) or legal document proving the parents are the legal guardians
- Medical birth certificate (sometimes requested)
- ✅ From the parents’ side:
Valid Chinese passports
- Proof of legal presence in the U.S. (visa, green card, etc.)
- Proof of parent-child relationship (PBO, birth certificate listing both parents)
- Statement of sole guardianship (if applicable)
- Optional but recommended:
Notarized affidavit declaring legal custody and the method of childbirth (if required by the consulate)
- Translation of English documents into Chinese
- 4. Real Experience: What We’ve Seen at MAR
At Miracle Angels Resolution, we’ve assisted many families through this process. Based on our hands-on experience:
The Los Angeles Chinese Consulate has processed numerous travel document applications for babies born via surrogacy—as long as the required legal documents clearly establish parentage.
In most successful cases, parents submit PBOs that do not mention the word “surrogacy.” The focus is on the names listed and the parental rights stated.
Babies who have not applied for a U.S. passport (and whose birth certificate only lists Chinese parents) are generally accepted without issues.