The widowed woman asked for a test tube baby to win the lawsuit. Is the single woman's fertility loose?

Its breakthrough lies in

"Show the possibility of single fertility of widowed women in a certain situation" "

No accident, Zou Mei (pseudonym) will undergo embryo transplantation at Hunan Provincial Maternal and Child Health Hospital this month, implanting the frozen embryos of her and her husband.

Zou Mei and her husband had fertility disorders. She had received a tire in this hospital with a hydrostatic infant auxiliary fertility surgery. They wanted to regenerate a child in the same way. Essence When Zou Mei went to the hospital alone, he hoped to complete the embryo transplant surgery, but the hospital refused to continue his contract.

The reason why the hospital refuses is that Zou Mei, a widowed puppet, is already a "single woman". If she continues to provide her with auxiliary reproductive services, the hospital may violate the "Human Assistance Reproductive Technical Specifications" and "Human Auxiliary Reproductive Technology and Human Auxiliary Reproductive Technology and The "Principles of the Human Sperm Curdine" regulations on "prohibiting single women's human assisted reproductive technology" are prohibited.

Zou Mei sued the court and asked to continue to perform the contract. The People's Court of Kaifu District, Changsha City supported her appeal, thinking that her embryo transplantation request not only reflected Zou Mei's love for her husband, but also her responsibility and responsibility of her mother. The national spirit, the traditional virtue of the Chinese nation, and the inheritance and promotion of the core values ​​of the socialism of the Chinese nation. "

In media reports, Zou Mei's jurisprudence was recognized as "the first domestic judgment that supported single women for IVF surgery." In fact, there have been many judgments to support the help reproduction of the widowed women.

Some analysts believe that the significance of the judgment of the Kaifu District Court of Changsha City is that "the possibility of single fertility of a widowed woman in a certain situation", and a more broad sense of single women want to fight for fertility, it is still a complex and complicated and complicated There is no conclusion.

With the release of the second and third babies, China's fertility policy has changed, which has made the "single women" fertility demands be discussed. Figure/IC

The interrupted second child plan

On May 16, 2022, the People's Court of Kaifu District, Changsha City released a trial of a trial of a medical service contract dispute. The plaintiff is Zou Mei, a rural woman, and the defendant is the Hunan Provincial Maternal and Child Health Hospital. The court ruled that the defendant shall implement the human assisted reproductive technology to the plaintiff Zou Mei.

The couple of Zou Mei had fertility disorders and could not conceive naturally. In 2012, they had a daughter through IVF fertility surgery. In 2014, they frozen another embryo.

On January 1, 2016, the second child policy was open, and Zou Mei and her husband thought. In October 2020, 34 -year -old Zou Mei and 37 -year -old husband came to Hunan Provincial Maternal and Child Health Hospital, thawed the embryo that frozen 6 years ago, and performed transplantation, but the conception failed.

At the end of this year, the two signed a freezing embryo agreement with the hospital again. The hospital re -cultivated them with four embryos and frozen preservation.

In the process of waiting, unexpectedly came. One day in May 2021, Zou Mei's husband died of myocardial infarction after working overtime from the construction site. After her husband died, Zou Mei had no financial ability. For the growth of a 9 -year -old daughter, she decided to continue to live with her husband's parents.

With the support of her in -laws, Zou Mei decided to complete the second child plan with her husband and went to the hospital for embryonic transplantation. At the end of 2021, Zou Mei complained to the court to ask the hospital to perform the contract to perform embryo transplant surgery for herself.

The "Human Assistance Reproductive Technical Specifications" issued by the former Ministry of Health in 2001 and amended in 2003 stipulates that couples and single women who do not meet the national population and family planning regulations and regulations shall be prohibited to implement human auxiliary reproductive technologies; "Human auxiliary reproductive reproduction The Ethical Principles of Technology and Human Sperm Studio (hereinafter referred to as "Ethics Principles") stipulates that medical staff must strictly implement the national population and family planning laws and regulations, and must not be in compliance with couples and single women who do not comply with national population and family planning regulations and regulations. Implement human assisted reproductive technology.

The Kaifu District Court of Changsha City believes that there are two disputes in this case. First of all, the hospital undergoing embryonic transplantation for Zou Mei violated the provisions of the original Ministry of Health; second, whether this behavior meets the public order and customs.

Regarding whether it violates the regulations, the court believes that the key is how to determine and explain "prohibiting the implementation of human assisted reproductive technology for single women."

The court acknowledges that the legislative purpose of this provision is to prevent single women from avoiding the responsibility of avoiding marriage and families through the implementation of auxiliary reproductive technology and ensuring the normal family ethical order and customs of our country. However, human assisted reproductive technology is not a single medical behavior, including inspection, cultivation of embryo, embryo transplantation and other processes. The "single women" in the above provisions should refer to individuals who have not spouses to the hospital to implement human auxiliary reproductive technology. There is no participation in any spouse, and Zou Mei and her husband have completed the examination and cultivation of embryos. Only embryo transplantation is left, which is essentially different from the "single woman" without a spouse.

The court also pointed out that the "Women's Rights Protection Law" stipulates that women have the right to give birth to children in accordance with relevant state regulations, and they also have the freedom of fertility. At present, a single woman who widowed the widowed was required to continue transplantation with her husband's fertilized embryo for fertility, and there was no legal law. Forbidden sexual regulations.

Whether the embryo transplanting embryos to the widow is in line with Article 8 of the Civil Code stipulating that "civil subjects are engaged in civil activities, shall not violate the law, and must not violate public order and customs." The opportunity to grow up is the maintenance of social order, which is in line with public order and customs, so it refuses to perform the contract. The court refuted this view. The court believes that in today's society, the growth environment of single -parent families does not mean that it will inevitably have a serious impact on children's physiological, psychological, personality, etc., and there is no evidence to prove that the implementation of human auxiliary reproductive technology is medical and affinity. Or in other aspects that are unfavorable in future generations.

As far as the overall customs and customs habits are concerned, the court also believes that Zou Mei's request for continuing to perform the contract is to be able to be able to perform the last wish of the husband, continue her husband's blood, and pinion to her husband. General cognition of the public. "

There are many similar cases to win the lawsuit

On the Chinese referee documents, we can retrieve 18 cases with "medical service contract disputes" and "embryo transplantation" as keywords, and can be retrieved to 18 cases, covering Fujian, Henan, Xinjiang and other provinces and cities.

The earliest case took place in Zhejiang in 2016. However, the case of the plaintiff Yang was the disappearance of her husband and did not confirm that it was a "widowed puppet". Therefore, her "single woman" identity was not clear. This was an important reason for her to enjoy the auxiliary reproductive technology.

Yang and her husband married in 2013, and had no children after marriage. At the end of 2015, they went to the hospital for infertility and requested the implementation of "in vitro fertilization-embryo transplantation" surgery. At the beginning of 2016, after the couple performed essence and egg surgery, they had to wait for the embryo to cultivate until June of this year for transplantation. It was produced in the fishing ground.

Since then, Yang was determined to have the descendants of the husband who was "unknown to life and death", but was rejected by the hospital as a single, and refused to perform the operation in accordance with regulations. She immediately filed a lawsuit. In the end, the court believed that Yang was not a single woman, but a "married woman" and sentenced her to the prosecution, because she "although her husband's whereabouts were unknown due to a maritime accident, but he could not identify his death from law."

In this case, for the first time, a court proposed that the widowed woman requested that the frozen embryo obtained by the husband and wife through the implementation of human auxiliary reproductive technology to continue breeding their children, which is different from the request of a single woman referred to in the Ministry of Health's "Principles of Ethics" to implement the requirements Human auxiliary reproductive technology.

After Yang, in the 17 cases of the referee document network, the plaintiff's husband had determined to die. Among them, one plaintiff was sentenced to defeated by the court as a "single woman" as a single woman, and 3 caused by the contract signed with the medical institution.

In addition, 13 cases were basically similar to Zou Mei's case. The plaintiff won the lawsuit and continued to implement the auxiliary reproductive technology. The judgment time was mainly concentrated in the past three years. Among them, Chen Moumou, Jiangsu, who was concluded in June 2020, sued the case of Wuxi Maternal and Child Health Hospital of Wuxi City, and was also selected into the bulletin case of the Supreme People's Court.

In recent years, with the release of the second and third babies, China's fertility policy has changed, which has attracted attention to the fertility demands of "single women".

In addition to the litigation woman after litigation, it can be implanted into the embryo of the dead husband through the auxiliary reproductive services. In March 2021, after 4 years of long -term rights protection, Zhang Meng, Shanghai, finally received maternity insurance as "single unmarried". Essence

Lawyer Wan Miaoyu of Sichuan Dingke Law Firm pointed out that under the right to protect the birth of non -marriage fetuses, unmarried fertilizer women in Shanghai, Shenzhen and other places to enjoy maternity insurance benefits, and they also have "unmarried and still enjoys fertility. "Predictment.

However, Zhang Meng's "victory" is not from legal judgment. Originally in Shanghai, women need to bring relevant documents to local streets or town (township) community affairs acceptance service centers after fertility. However, in December 2020, the Shanghai Civil Affairs Bureau issued the "Notice of the Municipal Health and Health Commission's Application for Enjoying Maternity Insurance Treatment Family Planning and Planning and Planning", withdrawing from the acceptance list of the community affairs acceptance service center No longer set the marriage certificate as a must -have. However, only a few months after Zhang Mengwei's power was successful, the marriage certificate became a must -have.

The country's first "single woman for frozen egg rights" has been nearly nine months since the second trial of the court on September 17, 2021, and has not been judged.

Yunnan lawyer Liu Wenhua, who agent Zou Mei's lawsuit, told China News Weekly that the current regulations of the former Ministry of Health still work, which means that for most single women, they still cannot enjoy services to assist reproductive technology. If the widowed woman wants to get the support of the court, it is only limited to the situation of "completing the dead husband's wish". After the dead husband participated in the early steps of the auxiliary fertility technology, the transplant was synthesized by its sperm synthesis, "belongs to the remains."

"If a woman is widowed, she wants to enjoy auxiliary reproductive technology, but the embryo has nothing to do with her ex -husband. There is neither the ex -husband's participation and the consent of the ex -husband. Support, "he said.

"It does not mean the victory of all single women." However, the children of the female mourning women have controversial in many aspects such as law and ethics.

On May 28, 2022, at the academic seminar of "Single Women's Fertility: Controversy and Progress" organized by the Civil Commercial Law Science Research Center of Renmin University of China, Tian Li, the clinical head of the reproductive center of Peking University People's Hospital, proposed In the case of her husband's death, the widowed woman seeking medical auxiliary reproductive technology should go through a calm period.

"In the early stages of the widow, the decision to make decisions is likely to be different. After the consideration of the mourning puppet woman, through the communication period, through communication with the family members of the two sides, a decision is made after fully evaluating the support and education of the children. Perhaps maybe It can better reflect her willingness to decide, "she said.

"The women's knowledge consent process in this case is doubtful." Zhang Di, an associate professor of the School of Humanities and Social Sciences at the School of Humanities and Social Sciences of the Beijing Union Medical College, also believes that when women suddenly face their husband's death, the judgment of risk returns using assisted reproductive technology may be affected. In addition, it is necessary to consider whether this is in line with the best interests of children. "Empirical research shows that children of single -parent families may suffer psychological injuries. The autonomy and well -being of the offspring in this case also need to be considered."

Zhang Di also said that frozen embryo is different from the relics, and the latter is dominated by women's decision -making rights due to the full power of women's body. In the case of in vitro frozen embryo, both parents should enjoy the same decision right. Empirical studies carried out abroad have shown that couples who accept the auxiliary reproduction may hold different views on the auxiliary reproduction after the death. "Under the premise of lack of the dead of the deceased, there is a risk of damaging the autonomy and dignity of the killer after the death of the dead."

"The willingness to fertilize is dynamic and will continue to change." Jiang Yue, a professor at the School of Law School of Xiamen University and Director of the Institute of Civil and Commerce Law, told China News Weekly that the widowed woman asked to continue the embryonic transplantation. In Zou Mei's case, it was only to infer the attitude of the dead husband.

The two documents of the former Ministry of Health were promulgated in the beginning of this century. Jiang Yue pointed out that these two documents lack the support of "superior law". In the latest edition of the "Population and Family Planning Law", citizens have clearly stipulated that citizens have fertility, rather than married couples.

She believes that the victory of some widowed women does not represent the victory of all single women. "The two of their husbands and wives came from each other to the auxiliary reproduction step by step, which is equivalent to the last half step. Single women who have passed a spouse are equivalent to not going forward. "

During the National Two Sessions in 2022, Huang Xihua, a representative of the National People's Congress and Minister of Propaganda Department of Huizhou City, Guangdong Province, said that with the improvement of women's education and career development, more and more old unmarried women in our cities are increasing. To raise children's unmarried women independently, for this reason, the National Health and Health Commission and Women's Federation should introduce policies to allow single women to enjoy the same fertility rights and benefits as married women.

Xie Ziqing, a representative of the National People's Congress and vice president of Hunan Normal University, suggested that it should increase and ensure the fertility treatment of single women (including divorce unmarried and unmarried) to achieve full coverage of basic maternity insurance. "Enjoying maternity insurance is the right of women employees who have paid maternity insurance premiums. They cannot reject the insured women from the door of the marriage certificate.

Send 2022.6.20 Total Issue 1048 "China News Weekly"

Magazine title: Single women strive to assist in fertility and add new cases

Reporter: Yu Hao Qingyuan Suwen ([email protected])

Edit: Cai Rupeng

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