Nanjing couple Zhang Lin and Yao Yao (both pseudonyms) underwent artificial assisted reproductive surgery in the United States at the end of October-April, and five embryos were frozen in the hospital.
Since then, the relationship between the two sides has broken down. In June of 20 17, after Zhang Lin filed a divorce lawsuit, Wang learned that as early as March of 20 16, Zhang Lin stopped the renewal of frozen embryos, and the hospital destroyed them six months later.
Yao Yao claimed compensation for mental damage from Zhang Lin. Nanjing Xuanwu Court found in the first instance that Zhang Lin's decision to stop renewing the fee without consultation constituted an infringement on Yao Yao's right to body, health and reproductive information, and sentenced him to compensation of 30,000 yuan. The Beijing News reporter learned from the court that this is the first dispute case of frozen embryo abandonment in China.
Women's claim for frozen embryos was destroyed.
After Zhang Lin and Yao Yao got married on 20 10, Zhang Lin went to study in the United States, while Yao Yao went to accompany her. As they never gave birth, at the end of 20 14, the two sides discussed and performed assisted reproductive surgery in a state hospital in the United States. The hospital extracted 13 eggs from Yao Yao, and after artificial fertilization, six surviving embryos were produced.
After that, Yao Yao transplanted one of the embryos into the body, but due to physical and other reasons, she miscarried. The remaining five embryos were entrusted by both parties to the hospital for surgery.
According to hospital regulations, the preservation of frozen embryos needs to be updated every six months. If the renewal fee is stopped, the hospital will destroy it.
The reporter learned from the Xuanwu District Court in Nanjing that in February 2065438+2005, after Yao Yao returned to China for work reasons, there was a rift between the two sides. 2065438+In July 2006, Zhang Lin sued the court for divorce, which was not allowed.
2065438+In June 2007, Zhang Lin filed divorce proceedings again. During the trial of the case, Yao Yao was surprised to learn that as early as 2065438+March 2006, Zhang Lin stopped the renewal of frozen embryos without his consent, and the hospital destroyed the embryos six months later.
The preserved frozen embryos were destroyed, which made Yao Yao emotionally unacceptable. She filed a compensation of 50,000 yuan for mental damage with Zhang Lin.
The court found that the man's tort compensation was 30,000 yuan
The court recently held a hearing on the case. Whether the man abandons the embryo and the woman can claim compensation has become the focus of controversy.
According to Zhang Lin, he stopped renewing his fee because of the breakdown of his relationship, and he didn't want to meet again. He thinks he has the right to decide whether to continue to charge for frozen embryos. Wang Yao suggested that he had not given birth at the age of 36, and freezing embryos was of great significance. In addition, Zhang Lin made a decision to stop renewing the fee without consultation, which constituted infringement.
The court held that, considering the physiological particularity, Yao Yao was a donor in embryo surgery, and his expectation of keeping the embryo alive should be protected by law. Compared with sperm extraction, egg extraction is accompanied by risks and pain, which has a negative impact on the body. Out of the desire for fertility, the woman voluntarily endured physical injury to do assisted reproductive surgery. After Yao Yao paid a huge price, Zhang Lin gave up the embryo against her will, which frustrated her purpose. In addition, Zhang Lin gave up the embryo without consulting Yao Yao, which violated Yao Yao's right to know about fertility.
The court found that reproductive behavior needs to have certain physical health conditions and there are risks. In addition, the reproductive task is mainly undertaken by women, so when the reproductive rights of husband and wife conflict, we should focus on the special protection of women's rights and interests, "in line with the original intention of legislation and the requirements of judicial justice."
Based on this, the court ruled that Zhang Lin's unilateral abandonment of embryos constituted a violation of Yao Yao's right to body, health and reproductive information. The court found that the embryo was a "special thing with emotional factors" in the first instance, and the abandonment of the embryo caused damage to Yao Yao's spirit, so Zhang Lin was awarded compensation of 30,000 yuan.