Who sets the maternity right of husband and wife?

■ Tian Jing

In recent years, with the changes in people's life concepts and lifestyles, the conflict between the fertility of husband and wife has become sharp. How to deal with equal fertility between husbands and wives, what should be dealt with when the maternity rights between husband and wife have?

Husband does not cooperate with IVF, the wife sued for divorce and was supported

Xiao Dan and Xiaoming were known in 2011 and met each other, and they entered the marriage hall one year later. After the marriage, the two contradictions continued to deal with major family orientation affairs and relations. In January 2021, Xiao Dan sued to the court to ask for divorce with Xiaoming.

Xiao Dan complained that he was 38 years old and had been married to Xiaoming for many years. He had not raised children for many years. Earlier, the hospital diagnosed Xiaodan infertility and suggested that IVF. However, Xiaoming was obsessed with religious beliefs without control, and asked to try to open valley, bone, and Buddha to get a child according to his ideas, and spend high, and had no results in more than three years.

In addition, during the illness of Xiao Dan's mother, Xiaoming went to the hospital to seek Western medicine treatment and resolutely opposed and quarreled many times. I do not want Xiao Dan to chemically treat her mother. Differential and often quarrel.

Xiaodan believes that Xiaoming's indifference to religious beliefs has led to gradually away from family responsibilities, alienation of family relationships, and spending a lot of money and time on the spread and giving of religious beliefs. It is completely broken, and the two sides have been separated for nearly a year, so they are required to divorce Xiaoming.

Xiaoming disagreed with divorce, he believed that the relationship between the two sides was not completely ruptured. Husbands and wives quarrel are normal. Citizens have the freedom of religious beliefs. Xiaoming believes that their faith in Buddhism has not affected family life. Xiao Dan's mother was sick and treated, and the two had different views. He just put forward a point of view and did not intervene. In addition, Xiaoming said that the two sides were not suitable for natural conception due to physical reasons. Although he did not agree to participate in auxiliary reproductive methods such as test tubes, he did not agree with fertility, but he did not agree with test tube.

The so -called fertility right refers to the right to breed offspring to raise offspring through the method of biogenic or artificial insemination, pregnancy, childbirth, and non -reproductive reproduction. Article 51 of the "Women's Rights Protection Law of the People's Republic of China" stipulates that women have the right to give birth to children in accordance with relevant national regulations, and they also have the freedom of fertility.

The "Supreme People's Court's Explanation of the People's Republic of China" Code of the People's Republic of China (1) "clearly states that the people's court shall not support the damage compensation on the grounds of the husband's unauthorized termination of their fertility to violate their fertility. If the husband and wife have a dispute between whether to have a fertility, the relationship has ruptured. If one of them requests divorce, the people's court shall be processed in accordance with the regulations of Article 107, paragraph 3, paragraph 3, paragraph 3 of the Civil Code.

The court held that in this case, Xiaodan expressed the willingness of a strong child to have a strong child. Although Xiaoming said that he did not agree with fertility, he objectively did not have children in the marriage relationship between the two sides in the past 10 years. Moreover, the two parties have now lived in. In the past year, there is no effective communication or improvement of the relationship between husband and wife. In the current state of the two parties, it is difficult to achieve fertility needs in a short period of time. It is stipulated that "other situations that lead to the breakdown of the husband and wife" and support the request of Xiao Dan's request for divorce.

His wife violates the fertility of her husband without permission?

Xue Er and Li Yi met and registered voluntarily after falling in love. Li Yi has a son with his ex -husband, and now lives with Xue Er and Li. After marriage, Xue Er and Li Yiyi did not have children in common. Xue Er communicated with Li Yi many times, hoping to have a child, but was always rejected by Li Yi. Xue Er considered that the husband and wife had a good relationship, and Li Yi promised to grow old with himself, and accepted the fact that Li Yi refused to give birth. He was willing to treat Li Yi and his ex -husband's son for raising.

Later, Xue Er knew that Li Yi had previously become pregnant, but went to the hospital with Xue Er to do an artificial abortion without authorization. Xue Er was hit by a blow. He felt that he could not live with Li together, and then sued the court to divorce, and requested compensation on the grounds that his wife Li Yi stopped pregnancy infringement of his fertility.

The court tried that Xue Er and Li Yi met their marriage voluntarily after they met and fell in love, and their feelings were deep after marriage. Fertility is not the inevitable result of marriage, and women are not a tool for fertility. Citizens enjoy the right to fertility and also enjoy the freedom of fertility. In this case, Li Yi and his ex -husband's son and Xue Er have formed a legal relationship between father and son. Xue Er has the right to request him to fulfill his support obligations after his old age, and you don't have to worry about being old because he has not raised his children. In summary, the court rejected Xue Er's claim in accordance with the law.

Fertility is a basic right given to citizens. As a male citizen, although it enjoys fertility, the realization of their fertility is based on the fertility rights. Only when the husband and wife are negotiated and the right to exercise this right can fertility be realized.

(The name of the person in the text, the author is the police of the People's Court of Xicheng District, Beijing)

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