Referee's main points: Male reproductive rights, like other civil rights, need the wife's voluntary cooperation from pregnancy to the birth of the fetus, but whether the woman is willing to continue to conceive the fetus involves her personal freedom and health rights and belongs to the basic civil rights. When other civil rights conflict with basic civil rights, the basic rights of citizens should be protected according to the principle of balance of legal interests and value. Therefore, the private termination of pregnancy by a wife after pregnancy does not constitute an infringement on her husband's reproductive rights.
Source: People's Court Newspaper, 7th Edition, September 7th, 2065438+06.
2. Women's unilateral decision to have children does not constitute an infringement on men's reproductive rights-Zhao v. Xu.
Referee's gist: The right to make reproductive decisions is the exclusive right of women. You don't need the consent of both men and women to have children. Deciding whether to have children without the consent of one of them does not constitute an infringement of male reproductive rights. After the woman decides to have children alone, according to the principle of maximizing the interests of the children, the biological father who does not directly raise the children born out of wedlock should bear the living expenses and education expenses of the children.
Case number: (20 13) Hai Min Zi Chu No.23318
Trial Chamber: Haidian District People's Court of Beijing.
Source: People's Court Newspaper 6th Edition 2065438+04 May 29th.
3. A wife's abortion without her husband's consent does not constitute an infringement on her husband's reproductive rights-v. wife Zhu's unauthorized abortion case.
Referee's gist: Both male and female citizens enjoy the corresponding reproductive rights. When there is a conflict between husband and wife on reproductive rights, men should not demand women's rights against their will. Therefore, during the period of marriage, abortion by a wife without her husband's consent does not constitute an infringement on her husband's reproductive rights.
CaseNo.: (2006) Yumin-Zi ChuNo. 1633
Trial Chamber: Yuyao People's Court, Ningbo City, Zhejiang Province.
Source: Selected Cases of People's Courts, No.4, 2007 (62 issues in total)
4. If the man brings a lawsuit against the woman for violating her reproductive rights due to her failure to perform her reproductive obligations, the people's court shall accept it-Yuan Mou v. Marriage and Family Dispute.
Referee's gist: In the relationship between husband and wife, the man enjoys the reproductive right according to law, and the woman should bear the reproductive obligation. If the man brings a lawsuit because the woman fails to fulfill her reproductive obligations, the people's court shall accept it. However, because childbirth is an act closely related to women's personal life, no one can force them to have children. If the man thinks that the woman's refusal to give birth is enough to make the relationship between husband and wife difficult to maintain, he can file a divorce lawsuit. If the relationship between husband and wife has really broken down and mediation fails, divorce shall be granted. As an innocent party, we should take care of it when dividing property.
Source: Interpretation of Latest Civil Legal Documents, No.8, 2005 (No.8 in total)
5. Without the man's knowledge, the hospital assisted the pregnant woman to terminate the pregnancy, and neither the woman nor the hospital constituted an infringement on the man's reproductive rights —— v. Chen and the third party's reproductive rights dispute case in Qidong Huangxiuzhen Hospital.
Referee's gist: Both husband and wife enjoy reproductive rights. In case of conflict in the exercise of reproductive rights, we should follow the principle of consultation between husband and wife in the exercise of reproductive rights, but we should judge which freedom is more worthy of respect and protection from the importance of different subjects' interests. If there are conflicts and differences between husband and wife on reproductive rights, women's wishes should be given priority. The woman's unilateral consent to abortion does not constitute an infringement of the man's reproductive rights, and the medical behavior of the hospital does not constitute an infringement.
Case number: (2006) Qi Minyi No.0558
Trial Chamber: Qidong People's Court, Jiangsu Province.
Source: Selected Cases of People's Courts, No.2, 2009 (No.68 in total)
Judicial viewpoint
1. A wife's unauthorized termination of pregnancy does not constitute an infringement of her husband's reproductive rights.
In recent years, with the first generation of only children born in the late 1970s entering the stage of marriage and childbearing, there have been many disputes over reproductive rights in trial practice, which have aroused widespread concern and heated discussion. Some women do not want to have children because of work, further studies, fitness and other reasons, and terminate their pregnancy without their husbands' consent. As a result, there was a dispute between the two sides. Men often claim damages on the grounds that their reproductive rights are violated when filing for divorce.
The so-called reproductive right refers to the right of citizens to bear and raise their offspring through natural or artificial fertilization, conception, childbirth and asexual reproduction. When the interests of husband and wife's reproductive rights conflict, the tendentious view is that reproductive rights are a basic right given to citizens by law, and both husband and wife enjoy reproductive rights. Only when the husband and wife reach an agreement through consultation can the reproductive rights be realized.
The Law on the Protection of Women's Rights and Interests gives married women the freedom not to have children in order to emphasize that women are not bound by their husbands' wishes and have an independent right to have children. If the wife is unwilling to have children, the husband may not force her to have children on the grounds that she enjoys the right to have children. Reproductive right is a kind of personality right, which is exclusive and dominant. Because of the differences between men and women in gender, physiological function and division of labor, the husband's reproductive right can only be realized through his wife. The termination of pregnancy by a wife without her husband's consent may hurt the feelings of husband and wife, and even endanger the stability of marriage, but the husband cannot oppose his wife's reproductive decision-making right with his own reproductive rights, so the unilateral termination of pregnancy by a wife does not constitute an infringement on her husband's reproductive rights.
Given that fertility is still one of the important functions of most families in China, most couples expect to have their own children and enjoy family happiness. When the reproductive rights of husband and wife conflict, there should be legal relief. Article 9 of the Interpretation has made relevant provisions. If it is legally recognized that the termination of pregnancy by a wife without authorization does not constitute an infringement on her husband's reproductive rights, and her husband is not allowed to file for divorce on this ground, it is essentially forcing her husband to marry a spouse who does not want to have children, and the consequences will seriously infringe on the reproductive rights of citizens. Therefore, if there is a dispute between husband and wife over whether to have children, which leads to the breakdown of feelings, it should be regarded as one of the legal reasons for divorce. If mediation fails, the people's court may, in accordance with the provisions of Article 32 of the Marriage Law, "Other circumstances leading to the breakdown of the relationship between husband and wife", decide to grant both parties a divorce.