The first case of the first "single female frozen egg case" in the country after losing the case: How should single female fertility be protected reasonably?

On July 22, Xu Zaozao, the first party of the "single female frozen egg" in the country, received the first trial judgment, and the court rejected all its claims.

Xu Zaozao told the Red Star Journalist that after nearly four years, she no longer measures frozen eggs with her personal victory or defeat, but she is increasingly regarded as a social issue related to single women's fertility.

"Someone leave me a message: Thank you for doing things for 'us'. I can't be moved after reading it." Xu Zaozao told the Red Star journalist that after the first trial, the frozen eggs were concerned. The encouragement and support of netizens became a huge motivation for her appeal.

In December 2018, the 30 -year -old Xu Zaozao sought frozen egg service to Beijing Maternal and Gynecology Hospital, affiliated to the Capital Medical University, but was rejected by the hospital for his single identity and non -medical purpose. Immediately, Xu Zaozao was sued the hospital to court with the case of "general personality dispute" and asked the court to order the defendant to provide it with frozen eggs.

On December 23, 2019, the "First Domestic Single Frozen Eggs in China", which received much attention, opened the first trial in the first instance of the People's Court of Chaoyang District, Beijing, causing strong social discussions.

On September 17, 2021, the frozen egg case was tried for the second time. The trial time of more than two hours passed, and the court eventually did not pronounce in court.

On July 29, 2022, Xu Zaozao told the Red Star Journalist that at the latest, she would appeal before next week.

On July 28th, the Renmin University of China Civil Commercial Law Science Research Center held an online seminar on the "Single Frozen Egg First Case", inviting the School of Law School of Tsinghua University, the Institute of Philosophy of the Chinese Academy of Social Sciences, Hunan University School of Law, East China Politics and Law Experts and scholars from the University of Public Health Governance Research Center, Renmin University of China, etc., conduct legal discussions on the first "single female frozen egg case" in the country to explore the reasonable protection of single women's fertility rights.

Xu Zaozao told Red Star News reporters that it is very important to start the discussion of academic experts to participate in the discussion.

↑ In 2019, Xu Zaozao was interviewed by the media.

Legal discussion:

The first trial of the frozen egg case quotes the legal basis for discussion

Experts may need to conduct constitutional review of two normative documents

According to public information, the main legal basis presented by Beijing Obstetrics and Gynecology Hospital in the trial and defense is the two administrative regulations of the "Administrative Measures for Human Assistance Reproductive Technology" and the "Human Aid Reproductive Technical Specifications".

According to the "Administrative Measures for Human Assistance Reproductive Technology", the application of human assisted reproductive technology shall be carried out in medical institutions for medical treatment and meets the national family planning policy, ethical principles and relevant laws. The "Human Assistance Reproductive Technical Specifications" stipulates that it is forbidden to implement human assisted reproductive technology for couples and single women who do not comply with national population and family planning regulations and regulations.

The two normative documents will refuse to be the door of the frozen egg as a single woman.

Dr. Deng Chengyan, a doctor of the Reproductive Center of Beijing Union Hospital, pointed out that the regulations such as the "Administrative Measures for Human Assistance Reproductive Technology" are an important part of my country's legal system. "In the case of no high -level laws such as frozen eggs and other issues, we should abide by the relevant regulations of the departmental regulations, which is also in line with Article 1009 of the Civil Code."

Song Hualin, Dean and Professor of Nankai University Law School, has different views on this. Song Hualin pointed out that Article 143 of the Civil Code gives a large extent to a large extent a freedom to implement civil legal acts. The "Administrative Measures for Human Assistance Reproductive Technology", as a low -level standardized document, limits the implementation of human assisted reproductive technology for single women, in fact, it has violated the relevant provisions of the Legislative Law.

"If the" Administrative Measures for Human Assistance Reproductive Technology "is conducted, it can be reached that it can be reached that the restrictions on single women's implementation of human assisted reproductive technology do not have a standard effect." Song Hualin said.

Similarly, Shi Jiayou, Executive Director and Professor of Renmin University of China Civil and Commercial Law Science Research Center, pointed out that solving the ultimate path of the problems involved in the case may need to propose to the legislature of the legislature to make constitution Examine.

Voice:

Unmarried worries about the body damage frozen eggs or the hidden dangers of commercialization occur

Professor of Xiehe Medical College does not encourage frozen eggs to delay fertility

Sun Yuhua, deputy director of the Public Health Governance Research Center of East China University of Political Science and Law, said that at present, the ethical anxiety of frozen eggs is mainly due to the possibility that it may not be married. This concern is considered to combine factors such as the existing family structure. From the perspective of law, it may be necessary to understand the public's acceptance through social surveys and other channels, and consider the social risks that may cause the absence of frozen egg technology.

In addition, the opposition to single women's frozen eggs is more from the medical field.

Professor of the School of Humanities and Social Sciences of the Beijing Union Medical College, and the director of the Department of Ethics and Law, Suli, put forward a warning of medical and health on the needs of single female frozen eggs caused by social reasons.

"Women's egg retrieval will cause a certain degree of harm to the body, and the cause of frozen eggs in social reasons will increase risks; the clinical pregnancy rate after egg recovery is unstable. At this time, women will also become an elderly mother. There is difficulty in conception. Realization. "Su Suli said. At the same time, she also expressed concerns about the situation of frozen eggs that may face commercialization, and believes that frozen eggs should not be encouraged to delay fertility.

↑ Data diagram. In Amsterdam, the Netherlands, technicians opened containers containing female frozen eggs. Picture according to visual China

"The purpose of frozen eggs is to achieve fertility through assisted reproductive technology. The most important principle of auxiliary reproduction is to protect offspring. Existing research data shows that compared with children with normal pregnancy, children who have children who have IVF may appear earlier for the elderly. The disease of the disease has a certain relationship with the in vitro culture embryo. Therefore, from the perspective of safety, the auxiliary reproductive technology must be restricted. "Said Deng Chengyan, a doctor of the reproductive center of Beijing Union Hospital. Zhang Di, an associate professor of the School of Humanities and Social Sciences of the Academy of Chinese Academy of Medical Sciences/Academy of Humanities and Social Sciences, said that the core controversy of frozen eggs is whether it should open the frozen eggs of social reasons. Supporting views believe that frozen eggs are the empowerment of women, promote reproductive freedom and gender equality, and negative views believe that frozen eggs may cause women to lose their rights. Because frozen eggs may be difficult to achieve delaying fertility, it will even become a moral responsibility and forced selection to weaken women's autonomy, which will also lead to commercial problems.

Zhang Di believes that the frozen eggs of medical reasons should be opened first. Only under the fully obtaining the effectiveness and safety basis of frozen eggs and a complete commercial regulatory system, you can consider the freezing eggs of the open social reasons. At the same time, it is necessary to improve supporting systems such as employment and infant care.

Support sound:

The freedom of civil legal behavior gives civil law

Ethics law experts defend the frozen eggs of single women

Professor Qiu Renzong, a senior researcher at the Institute of Philosophy of the Chinese Academy of Social Sciences and the Director of the Institute of Life Ethics, Renmin University of China Ethics and Ethics Construction Research Center, believes that single women require frozen eggs to be defended by ethics, and the fact that single women's frozen eggs actually infringe on women. Physical rights, violate the principle of gender equality.

Professor Qiu Renzong pointed out that there is no moral difference in women based on medical reasons and non -medical reasons.

Qiu Renzong believes that non -medical reasons (such as considerations such as career and other factors) Frozen eggs are very reasonable demands of unmarried women based on physical rights and fertility. "After analyzing the damage that may exist in the frozen eggs in non -medical reasons, it can be found that this is not harmful to others and society, so the injury demonstration cannot be established." Qiu Renzong said.

↑ Xu Zaozao. Picture network

Shi Jiayou believes that frozen eggs and auxiliary reproductive technology should be distinguished. Frozen eggs may not directly guide the auxiliary reproductive technology. Single is no different from the risk of frozen egg technology received by married women. "Although it is necessary to distinguish between medical and social reasons, if it is completely deprived of the parties' choice of frozen eggs for social reasons, this position is questionable."

Song Hualin pointed out that this case involves the relationship between administrative regulations and personal freedom. "Adults should know what is the most in line with their own interests, and there should be freedom to choose how to live." Song Hualin said.

"I look forward to creating an opportunity to discuss female fertility issues. In the past three years, I think the demands of this part may basically reach. At the same time, I also hope to show the public to a single, fertility willingness, She is planned, responsible, and active in her life. This is a mature plan. "Xu Zaozao said to Red Star journalists.

Red Star reporter Zhang Yanliang Intern reporter Wang Chenyuan

Intern editor Zhu Jieying

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