Abstract:Fertility surrogacy has been controversial since its inception. China has passed the departmental regulations prohibiting surrogacy, but in practice, there are many births and more conflicts. Recognizing the legality of surrogate birth is essentially the right to give the surrogate mother the freedom to choose. Whether the surrogacy of the surrogate mother violates the dignity of the surrogate mother should be judged by the surrogate mother. The surrogate birth itself does not infringe the dignity of the surrogate mother. The existence of reproductive rights provides the possibility of the legality of surrogacy, and at the same time, the infertility of one spouse and the reproductive rights of the other may be difficult to achieve. With the development of the times, China needs to recognize the legality of surrogacy, in order to better protect the reproductive rights of citizens, protect the legitimate rights and interests of families who have lost their families, and solve the population problems facing our country.