China's first single female frozen egg case "Xu Zaozao (pseudonym) received the first trial judgment on Friday (July 22), and the court rejected all her claims. Xu Zaozao stated that he would appeal.
According to the Beijing News, in December 2018, Xu Zaozao, who was at the age of 30, sought frozen egg services from Beijing Maternal and Gynecology Hospital affiliated to Capital Medical University. The results of various health inspections showed that her physical condition was good.It meets the need for frozen eggs, but the hospital refuses to provide her frozen egg service on the grounds of her single identity and non -medical purpose. Since then, Xu Zaozao will be sued the hospital to court with the case of "general personality rights" and request the court to order the defendant to stopThe infringement of her general personality has provided her frozen egg service and ordered the defendant to bear the litigation cost of this case.
The case was tried twice in December 2019 and September 2021.Xu Zaozao believes that the inspection results confirm that her physical condition is good and meets the needs of frozen eggs, but it is rejected by the hospital. This behavior is discrimination against her women's identity, which violates the equality of the Chinese women's rights and interests to the equality of men and women.All the forms of discrimination in women have infringed her general personality rights. She also believes that marriage is only a means to realize fertility, not the premise. China has not denied that single women have fertility.
During the trial, the Beijing Obstetrics and Gynecology Hospital argued that according to relevant regulations, the hospital could only implement human assisted reproductive technology including frozen eggs that cannot be pregnant and need to preserve genitals due to illness.Healthy women, including frozen egg technology for delaying fertility. In addition, the hospital is not refused to implement frozen eggs because the plaintiff is a woman, but a series of problems that may be caused by freezing eggs for delayed fertility, as well asConsidering a series of social issues and the requirements of regulations, regulations, and technical norms formulated in order to safeguard the legitimate rights and interests of women and children, refuse to implement frozen eggs for the plaintiff.
On July 22, Xu Zaozao received the first trial judgment., The court rejected all her claims. In the afternoon of the same day, Xu Zaozao said that the defeat would not let her give up her attention to this issue, and she would appeal afterwards.Supporting decisions, the court must have its own consideration, but it takes a certain time to change."
According to Yangguang.com previously reported, at the Chinese Conference in 2020, some members of the CPPCC suggested that" to give single women to implement auxiliary fertility technical rights ", and some members suggested that" prohibit single female frozen eggs. "At the end of the year, China's first single woman frozen egg was rejected by the case. For a time, whether the discussion of the single woman can legally frozen eggs was one after another. Later, the National Health and Health Commission of China issued a reply letterImplement human auxiliary reproductive technology for single women ".
According to the regulations on human assisted reproductive technology revised by the National Health and Family Planning Commission in 2003," prohibits couples that do not comply with national population and family planning regulations and regulationsHuman auxiliary reproductive technology is implemented with single women. "Egg frozen technology belongs to the category of human assisted reproductive technology. Therefore, for single female frozen eggs, it violates the above provisions.
In July 2020, the China National Health and Health Commission said in the response letter of Document No. 2049 of the Thirteenth National Committee of the CPPCC.Eggs do not comply with the relevant provisions of Chinese laws and regulations. First, there are hidden health hazards to apply egg freezing technology; the other is that the application of egg freezing technology for delayed fertility still has a lot of controversy in the academic community; third, strictly prevent commercialization and social welfare social welfare.Auxiliary reproductive technology implementation needs to be followed by ethical principles.
