on December 3, 2014, a hospital, henan reproductive medicine, staff to check the frozen embryos. After ivf, most people will put the rest of the embryo in the hospital care, but after 1 year maturity, many will & other; Lost & throughout; , or a renewal. Due to excessive embryo, has filled with more nitrogen cylinder. Workers take time every day to call overdue payment of husband and wife. File photo/visual China
not renew, hospital destroying embryos; Court ruled that infringe on the woman body right, the right to health and fertility right; Domestic first frozen embryos discarded dispute
divorce proceedings together, lead to frozen embryos discarded dispute cases.
nanjing couple zhang Lin and Wang Yao (are not his real name), artificial assisted reproductive surgery in the United States at the end of 2014. After surgery, 5 frozen embryo within the hospital. Since then, both sides fall. In July 2017, after zhang Lin filed a divorce, Wang Yaocai learned that, as early as in March 2016, zhang Lin is stopped for frozen embryos renewal, the hospital after 6 months were destroyed.
Wang Yao gives spiritual loss claim to zhang Lin. Nanjing xuanwu court of first instance, zhang Lin in the case of without consulting, without authorization, the decision to stop the renewal, constituted the Wang Yao body right, the right to health and fertility violation of the right to know. The first-instance judgment zhanglin compensation of 30000 yuan. Yesterday, the Beijing news reporter learned from the court that this is the first domestic frozen embryos discarded disputes.
frozen embryos abandoned her claim
in 2010, zhang Lin married Wang Yao two people, then zhang Lin went to Wang Yaoze to to with identity. Due to the two people have been no birth, at the end of 2014, both sides to discuss, the assisted reproductive surgery a state hospital in the United States. Intraoperative, hospital extracted Wang Yao body, 13 eggs, after artificial insemination, produce six surviving embryos.
then Wang Yao transplanted to one embryo, but then because of physical reasons, such as abortion. The remaining five embryos, entrust surgery hospital storage security on both sides. In accordance with the provisions of the hospital care of frozen embryos, each half year need to renew, if owner stop renewal, the hospital will be destroyed.
in February 2015, Wang Yao back home because of work reasons, the rift within the relationship. In July 2016, zhang Lin to the court for a divorce, not for permission.
in June 2017, zhang Lin filed a divorce again. Wang Yao accidentally learned that, in case as early as in March 2016, zhang Lin without its consent, namely to stop frozen embryos renewal, hospital after six months to destroying embryos.
save frozen embryos were destroyed, Wang Yao emotionally difficult to accept, to $50000 in damages claim by zhang Lin. Recently the case of nanjing xuanwu borough court hearing.
court ruled that the man constitute infringement compensation of 30000 yuan
in the trial, the man abandoned embryos, a woman can claim damages become a flashpoint.
according to zhang Lin, stop renewal because the feelings between the two sides have broken down, do not wish to have to in the next intersection, so make a choice. Zhang Lin said in court, shall have the right to decide for yourself whether to renew the frozen embryos. Wang Yaoze proposed, oneself is 36 years old, has not been fertility, frozen embryos is of great significance. In addition, zhang Lin in the case of without consulting, without authorization, the decision to stop the renewal, Wang Yao constitute infringement.
basaltic court decided that, considering the particularity of physical in embryonic surgery, Wang Yao for a party, for its embryos remain vigorous, should be protected by law. Compared with pure, process with risk and take eggs, have a negative effect on the body. The woman out of desire for fertility and assisted reproductive surgery volunteered to endure bodily harm. After Wang Yao pay a heavy price, zhang Lin discarded embryos without authorization, the purpose of make Wang Yao failed. In addition, in the process of zhang Lin discarded embryos, did not consult with Wang Yao, violated Wang Yao reproductive right.
court, fertility behavior need to have a certain physical and health conditions, and reproductive hazard. The main task in addition, the fertility by women. So when the couple reproductive rights conflict, should focus on the special protection of women’s rights, & other; Comply with the legislation original intention, also is the need of justice & throughout; .
on the basis of nanjing xuanwu borough court verdict, zhang Lin unilaterally discarded embryos, constituted the Wang Yao body right, the right to health and fertility violation of the right to know. The court of first instance that embryo is & other; With emotional factors of special objects throughout the &; , discarded embryos, harmed Wang Yao spirit, therefore, in accordance with the discretionary zhanglin compensation Wang Yao compensation for 30000 yuan.
case, the presiding judge Chen Wenjun:
treated assisted reproduction and natural reproduction embryo
yesterday, case, the presiding judge Chen Wenjun told the Beijing news reporter, both sides of husband and wife relationship partners each other, have mutual aid obligations. When considering the woman in the artificial assisted reproductive surgery, court verdicts of compensation of 30000 yuan.
no clear legal provisions, in accordance with the principle as the logical solution
the Beijing news: that the man abandoned embryos constitute infringement, it is a matter of what?
Chen Wenjun: reproductive rights for the family interests, reflects the freedom of human behavior, which people are free to decide the with his way of life, the future development is closely related to the important matters. Life, more unilaterally terminate pregnancy, the wife of the man of discarded embryos is a rare situation, the law does not make that clear.
according to the law and the logic of life, still can find a fair solution. When considering the woman extracted embryonic, have certain effort. In fact, the woman in the medication stimulate ovulation, damage has been done. So, the man improper disposal of embryos, should think that constitute infringement.
the Beijing news: no clear legal provisions, how to determine the loss of the woman, and the man of tort liability?
Chen Wenjun: an example. In the daily economic activities, both party a and party b agreement joint investment projects, armour with intangible assets investment, b in capital investment. B spend money after the project, a halfway out, at this time, b should be liable for breach of contract to b, b for compensation of losses. Therefore, in the field of contract law, generally there is no infringement.
but in the case of marriage there is identity relationship on both sides, not easy to understand with the principle of contract law. But the theory of contract law, can provide some guidance for the processing of this case, to understand the woman may be some loss.
the Beijing news: artificial assisted reproductive resulting embryos, in law and the natural reproduction of the embryo status equal?
Chen Wenjun: according to the provisions of the marriage and family law, including the concept of multiple pregnancy, containing the human assisted reproduction and natural reproduction, apply the same law. Embryo transfer were born children, in the law as a couple of children, after birth has the same legal status. Before birth, therefore, should also be treated equally.
discarded embryos of personal injury from drug stimulate ovulation
the Beijing news: why is that the wife’s body right and the right to health is being violated?
Chen Wenjun: in accordance with the provisions of the marriage law after his wife pregnant, her husband has no right to force his wife abortion, otherwise, constitutes a violation due to his wife. In accordance with the spirit of the legislation, the man should know assisted reproductive surgery, can cause some damage on her body.
for the woman, compared with the forced abortion, artificial assisted reproductive surgery, just a personal injury produced is not the same point in time. The damage produced in abortion, abortion of discarded embryos damage when medicine began in promoting ovulation. Man unilaterally discarded embryos, make the woman in drug stimulate ovulation, and take the eggs in the process of damage cannot be rewarded, and therefore constitute for the infringement of the right and the right to health body.
the Beijing news: how to understand the case involved in the birth right?
Chen Wenjun: birth ‘right to know refers to, main body, the information related to their own reproductive have rights. Husband and wife relationship partners each other, mutual rights and obligations subject, have helped each other obligations.
in this case, the woman returned home after living abroad groom have convenient conditions tending, embryos, and after renewal is the man responsible for, the woman has reason to believe that man will properly handle the embryo storage problem. The man in fails to notify the woman’s case, the termination fee, equal to unilaterally discarded embryos, damaged the woman reproductive right.
the Beijing news: compensation for 30000 yuan on the basis of what?
Chen Wenjun: because there is physical damage, after the embryo was abandoned, leads to her mental pain. Legal thought, the embryo is & other; With emotional factors of special objects throughout the &; , the man in the abandoned during the marriage, has violated the assisted reproductive obligations. Discarded embryos behavior, therefore, with the spiritual damage should be compensated.
in personal compensation, the emotional distress of up to 50000 yuan, is suitable for the level of disability. Comprehensive this, considering the physical damage, ultimately the compensation amount of discretionary is RMB 30000.
Beijing news reporter Wang Yu