China News Service, Wuxi, June 23 (Reporter Sun Quan Correspondent Xia Qian) Husband's death passed away. Frozen embryos are an important carrier of husband and wife's emotions and family blood, but his wife Xiaoqin (pseudonym) asked the hospital to implement "in vitro fertilization" -Embryo transplantation was rejected by the hospital during the operation.
On the morning of June 23, the People’s Court of Liangxi District of Wuxi City made a first-instance judgment on the case, ruling that the hospital continued to perform the in vitro fertilization-embryo transfer medical service contract with Xiaoqin and carried out embryo transfer surgery for Xiaoqin.
In August 2016, Xiaoqin and her husband went to a hospital in Wuxi for infertility for diagnosis and treatment. Under the doctor's recommendation, the two decided to artificially assist in pregnancy and implemented an embryo transfer operation, but it was unsuccessful. The two who wanted the baby were not discouraged, and decided to wait for Xiaoqin to adjust his body and continue to go to the hospital for treatment.
The People's Court of Liangxi District of Wuxi City handling the case. Sun Quanshe
In May 2017, Xiaoqin and her husband went to the hospital again to request artificial pregnancy assistance. The hospital performed oocyte retrieval and sperm retrieval for them, and successfully cultivated 4 embryos. Due to excessive stimulation after egg retrieval, Xiaoqin's chest and abdomen effusion was immediately admitted to hospital for treatment.
Regarding embryos, the Xiaoqin couple asked the hospital to use cryopreservation technology to preserve these embryos, and signed an "informed consent for embryo freezing, thawing and transplantation" to the hospital. The two stated that they would perform IVF surgery in the hospital.
Considering the failure of the first operation and the physical reaction after the egg retrieval operation, the Xiaoqin couple decided to wait. While the two were looking forward to the future, unfortunately it happened suddenly.
In July last year, Xiaoqin's husband accidentally died while operating a forklift. In order to continue the blood, Xiaoqin, with the support of his father and his parents-in-law, decided to go to the hospital to continue the embryo transfer operation. However, Xiaoqin's request was rejected by the hospital.
In order to protect his legitimate rights and interests, Xiaoqin appealed to the court and requested the hospital involved to continue to perform the service contract.
In the face of Xiaoqin's appeal, the hospital argued that, according to the "Human Assisted Reproductive Technology Code" and "Human Assisted Reproductive Technology Ethical Principles", assisted reproductive technology must strictly abide by the voluntary principles of informed consent and informed choice. He did not go to the hospital for a trial of embryo transfer two years before his death. The informed consent signed during his lifetime could not be continued after death, and he could no longer sign the embryo thaw and informed consent. Therefore, the hospital cannot perform frozen embryo thawing and transplantation for Xiaoqin.
"The Informed Consent for Embryo Freezing, Thawing, and Transplantation signed by both parties clearly states that the embryo's first freezing fee only includes the embryo storage period of 3 months. The Xiaoqin and his wife have never paid the freezing fee for two years since the preservation period. It is regarded as subjectively giving up the embryo." In court, the agent entrusted by the hospital also believed that Xiaoqin is now a single woman. According to the principles of the protection of progeny and public welfare principles of the "Human Assisted Reproductive Technology Code" of the Ministry of Health, the hospital cannot be single Women implement assisted reproductive technology.
During the hearing of the case, Xiaoqin's father-in-law came to court and stated that both he and his wife hope that Xiaoqin can carry out embryo transfer surgery, so that the blood can continue, so that the living hope, and promise to bear the legal consequences. Xiaoqin's mother-in-law expressed her support for Xiaoqin through video connection. Regarding the fees for the renewed freezing of embryos owed, Xiaoqin has already deposited the money with the court after the court.
After the court hearing, the Xiaoqin couples were infertility to the hospital approved by the health administrative department and registered to carry out human assisted reproductive technology for human assisted reproductive treatment. The hospital cultivated and frozen the embryos for them, and the resulting medical service between the two parties Contractual relationship, the contract does not violate the mandatory provisions of laws and administrative regulations, and is legal and valid.
"The reason why they did not immediately implement embryo transfer was due to the woman's physical reasons. The existing medical service contract has not been completed. Xiaoqin asked the hospital to continue to perform the medical service contract that his husband and wife had already signed with the hospital, which did not violate the parties' The true meaning of expression." The case handling judge said.
The judge also said that although the child has no biological father after birth, it may grow up in a single parent family, which does not mean that it will have a serious impact on the child's physical, psychological, and personality aspects, and there is currently no evidence to prove that the implementation of human assisted reproductive technology There are medical, parental rights or other aspects that are unfavorable to future generations. The hospital's continued implementation of human assisted reproductive technology for Xiaoqin does not violate the principle of protecting future generations. (Finish)