Embryo bearer
The emotion of both husband and wife
Frozen embryo in the hospital
Can the parties ask the hospital to return
Retrospective
Zhang (wife) and Li (husband) and his wife had not had birth after marriage, and went to the hospital for pregnancy.After negotiating with the hospital, Zhang and Li signed the "IVF Signing Treatment Agreement" with the hospital.
On the day of the signing of the agreement, Zhang paid the diagnosis and treatment fee to the hospital and began to receive treatment.After obtaining 3 transplanted embryos, the hospital was freezing for 3 embryos. In October and November of the same year, the hospital was transplanted two embryos twice, and Zhang did not succeed in conception.Since then, the embryo transplantation has not been carried out again, and the remaining frozen embryo is stored in the hospital for 1 tube.As Zhang’s conception was unsuccessful, the two sides signed an agreement to terminate the confirmation form.For the remaining frozen embryo, Zhang decided to replace the hospital for embryo transplantation surgery, and he negotiated the embryo with the hospital.
Zhang believes
The hospital’s transplantation embryos twice was unsuccessful, and there was still one embryo that should be returned so that the hospital was replaced by the hospital for surgery.
The hospital believes
The transfer, receiving, and use of frozen embryos have strict technical conditions and restrictions on laws and regulations.Medical institutions have corresponding equipment, technology, and institutional processes to ensure the safety of frozen embryos. Patients’ own preservation and transfer may bring risks to embryos, so they refuse to return.
Court trial
The People’s Court of Donghu District, Nanchang City considers:
First of all, the plaintiff’s husband and wife have the possibility of breeding life through the formation of auxiliary reproductive technology during the performance of the medical service contract.Attributes, both husband and wife enjoy the dedicated rights naturally for embryos;
Secondly, the plaintiff advocated that the retrieved frozen embryo did not violate the current laws and regulations, nor did it violate the traditional social ethics, morality, and public order.
Third, the frozen embryo requires specific technical means to maintain its biological activity during the transfer and storage procedure.The risks that may be generated during the storage procedure are also clearly stated that the embryo will not be condemned.
In summary, the court ruled that the defendant hospital returned to the plaintiff Zhang to return a frozen embryo on his behalf.
Law link
"People’s Republic of China"
Article 3
The personal rights, property rights, and other legitimate rights and interests of civil subject are protected by law, and no organization or individual shall violate it.
Article 562
The parties will be negotiated and can terminate the contract.
The parties may agree on the reason why one party lifts the contract.When the reasons for the termination of the contract, the right of the rights can terminate the contract.
Article 899
The registers can receive the storage at any time.
If the parties do not agree or the agreement is not clear about the storage period, the custodian may request the register to receive the custody at any time; if the storage period is agreed, there is no special reason for the custodian to request the register to receive the custody in advance.
10,000th
Medical and scientific research activities related to human genes, human embryos, etc. shall abide by laws, administrative regulations, and relevant state regulations. Do not harm human health, must not violate ethics, and must not harm public interests.
"Administrative Measures for Human Assistance Reproductive Technology"
Article 3
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 and regulations.
It is forbidden to buy and sell all -beings, coexist, and embryos in any form.Medical institutions and medical staff shall not implement any form of surrogacy technology.
Judge remind
Legal couples pass the auxiliary reproductive treatment
To achieve the purpose of fertility
It should be affirmed
However, when preserving, supervising, and disposal of embryos involved
Strictly abide by laws and regulations
Do not violate public order and customs
Transfer from: Donghu District People’s Court
Source: Jiangxi Court
