Does the husband have the right to migrate the embryo after the husband die?The court determined that the in vitro embryo was "quasi -fetal"

The first domestic case of "Family Planting IVF Tube Raising Fees" was sentenced in the Intermediate People’s Court of Sanmenxia City, Henan Province on April 18.The court ordered the three companies to compensate for the small (children involved in the case) to support the cost of reaching the age of 18, totaling more than 151,000 yuan.

When his father died, Xiaoxiao was still in the pre -stages of in vitro embryo transplantation through artificial reproductive technology.In the past three years, his mother Xiao Zhang (a pseudonym) has made 3 lawsuits, making it from birth to birth.With the pronouncement of the Sanmenxia Intermediate Court, the young grandfather sitting on the attendant could not help but cry and wept.

The judgment continues to implement embryo transplantation

On November 3, 2015, Xiao Zhang and Xiao Liden were married.In April 2020, the couple went to a hospital in Luoyang City for treatment. After the doctor’s suggestion, she voluntarily received the in vitro fertilization-embryo transplantation for pregnancy. In June of the same year, the couple adopted the hospital to auxiliary reproductive technology to form two embryos and blastitry embryos.8 and signed a informed consent.

On the afternoon of July 3, 2020, Xiao Li was injured at a construction site in Sanmenxia, and died after rescue.In August of the same year, Xiao Zhang went to the hospital for transplanting embryos. The hospital prohibit the implementation of the transplantation in accordance with the provisions of the "Administrative Measures for Human Assistance Reproductive Technology" to prohibit single women’s implementation and need to sign a consent of informed consent again.

Subsequently, Xiao Zhang filed a lawsuit with the People’s Court of the West Industry District of Luoyang City, requesting that a hospital in Luoyang City continued to perform medical service contracts and performed embryonic transplantation surgery.

On October 13, 2020, the Court of Western Industry District made a civil judgment that it was determined that the little Zhang couple co -signed the in vitro fertilization and embryo transplantation in Luoyang City.The first child needs to meet the relevant policy and regulations of family planning. A hospital in Luoyang City continues to perform medical service contracts to implement embryo transplant medical services for Xiao Zhang.The Luoyang Intermediate People’s Court maintained the first trial judgment.

On February 21, 2021, Xiao Zhang went to a hospital in Luoyang City for embryonic transplantation. On March 2 of the same year, the hospital implemented embryo transplantation services for him, and Xiao Zhang successfully became pregnant.More than 8 months later, Xiao Zhang had a cesarean section at the hospital and gave birth to a baby boy.

Four reasons to support related demands

In June 2022, Xiao Zhang, as a guardian, sued related companies in the name of a small name as the infringement responsible person and asked him to pay the support fee.After the acceptance of the Shaanzhou District People’s Court of Sanmenxia City, it was believed that the case was a new type of case and did not have a clear legal basis. Then she applied to the Sanmenxia Intermediate Court to rearrange its jurisdiction.This case.

The court heard that Xiao Li and a company established a labor relationship. After injuries and deaths at the construction site, it was found that the fault was the main reason for the accident.It should also bear the corresponding responsibilities, and the unit’s unit shall bear the liability for infringement compensation in accordance with the law.

On April 18, the Sanmenxia Middle School made the above judgment in accordance with the law.

Chang Hui, the chief of the trial in this case, told reporters that whether the qualification of the main body of the main body of the maintenance damage compensation compensation is the main focus of the controversy.According to the law, if the victims are infringing on others, the victims shall have the right to request compensation for the support for the support for support.It is generally believed that "the victims should bear the obligation to support the support obligations" refers to the remains of children who have been born and have been born when they are born, and they should be supported by the victims, but due to the failure of the death accident.

"When the victim of this case died, he and his wife Xiao Zhang implemented an artificial auxiliary reproductive technology.The main qualification of the right to compensate for the damage of the case. "Chang Hui said.

The reason for the court determined is the following four points:

First, fertilized embryo transplantation is legitimated.Little and embryonic sperm provider Xiao Li, born of embryo -transplanted, has a bloody and legal father -son relationship.After Xiao Li’s death, the effective judgment ordered the hospital to continue to perform the medical service contract with Xiao Li and Xiao Zhang. The hospital performed embryo transplant surgery for Xiao Zhang.The victim Xiao Li has biological blood relationships. Based on the principle of natural blood relatives, Xiao Xiao has a father -son relationship with Xiao Li.

Second, fertilized embryo transplantation is a matter of agreed by the little Li couple, which is certain.Based on the interests of children who are willing to be born in both parties, they should be relieved.Before Xiao Li died, he and Xiao Zhang had completed all behaviors such as fertilization in vitro, cultivating embryos, frozen embryos, and signing a contract agreed embryo transplantation. ThereforeThe husband and wife are looking forward country’s current legal attributes of embryos do not clearly stipulate. In terms of ethics, it has potential life traits, can develop into people, and has potential personality benefits. It should give full respect and legal protection.

"As far as this case is concerned, the embryo has entrusted the strong expectations of both husbands and wives and has determined that it will be transplanted. Although the time point of the fetus in the mother’s body is different from the natural pregnancy fetus, this difference is due to the development belt of the development of artificial auxiliary reproductive technology.The changes do not change the natural attributes of its "quasi -fetal". "Chang Hui said that it is allowed to enjoy the right to the fetus.Proper response.The accident involved in the case harmed the right of accepting the support of his father after the birth of the little, and it had the right to ask the invaders to request the loss of support for the support.

Third, it is allowed to enjoy the responsibility of the infringer for the right to enjoy damage compensation.Artificial auxiliary reproductive includes many links such as egg mining, fertilization, embryo cultivation, embryo transplantation, maternal birth, baby birth, and baby birth. It has an irresistible connection between each link and a certain process.

"Xiao Li and Xiao Zhang jointly made the intention of receiving artificial auxiliary reproductive therapy, and completed the completion of egg retrieval, fertilization, embryo cultivation, and agreed to embryo transplantation. Although the accident died after Xiao Li, after his death, Xiao Zhang continued to complete the embryo transplant fertility.Small behavior does not exceed two people

Accept the scope of the meaning of civil behavior during the auxiliary reproductive treatment."Chang Hui explained that when Xiao Li died, based on the integrity of the same civil legal act, the transplantation of frozen embryos and the support obligations to be produced have been determined.Compensation liability.

Fourth, it is allowed to enjoy the spiritual spirit of maximizing the interests of children’s interests in the minority of raising damages.The husband died of an accident, and the right to relieve his wife to continue to complete the children born of the fertilized embryo transplantation.The compensation is the deserved meaning of equal protection to the lives of different forms of life.

Source: News Morning News

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