the reporter learns from nanjing intermediate people’s court, the xuanwu borough the city people’s court ruled in the country’s first tort compensation to the man abandoned frozen embryos. Without the permission of the woman, unilateral request to scrap the man frozen embryos, was sentenced to compensate for the woman 30000 yuan solatium.
frozen embryos. News information figure
according to the nanjing xuanwu borough find out, the people’s court in jiangsu province in 2010, zhang and wang mou marriage registration. After marriage, both sides have a state hospital in the United States had assisted reproductive surgery, a hospital from wang mou 13 eggs, via artificial insemination six living embryos, wang mou an embryo, because of physical reasons, such as after a miscarriage. The remaining five embryos, both parties entrusted state hospital storage custody; In July 2016, zhang suing for a divorce. The court did not allow the two sides divorce; In June 2017, zhang mou to Sue again, for a divorce. Trial, wang mou accidentally learned that zhang mou without the permission of the discarded embryos, a year ago to wang mou zhang will be asked to pay compensation for 50000 yuan.
this case dispute focus lies in the fact that the man abandoned embryos, a woman can claim damages.
court decided that zhang unilaterally discarded embryos, constituted to wang mou body right, the right to health and fertility violation of the right to know. And for embryo with the emotional factors of special material, wang mou is spiritual damage. The court in accordance with the discretionary zhang wang mou compensation for 30000 yuan for compensation.
the presiding judge Chen Wenjun explanation of this case, life is more unilaterally terminate pregnancy, a woman like this case, the man of discarded embryos is a rare situation, the law does not make that clear. It is important to note that in the current laws and regulations within the scope of the woman to suspend the pregnancy is not constitute infringement, which is based on the particularity of women in the physical and physiological, but since the case, the man may constitute infringement of improper disposal of embryos.
& other; In this case, zhang should know assisted reproductive surgery has certain harm to wang mou body. In accordance with the law, after his wife pregnant, the husband has no right to force his wife abortion, otherwise, constitutes a violation due to his wife. In the case of artificial insemination, embryo transfer, the man if unilateral discarded embryos, it is to make the woman in the process of drug stimulate ovulation and take eggs pain and damage cannot be rewarded. For the woman, just the timing of the harm, also there is physical damage, the damage of abortion arising from abortion, discarded embryos damage when medicine began in promoting ovulation. Throughout the &; Chen Wenjun said.
in addition, the man unilaterally discarded embryos, also the infringement of the birth of the woman’s right to know. After returning to China in this case, the woman, living in a foreign country men have convenient conditions of embryos, combined with previous renewal is also the man pay, the woman has reason to believe that man will properly handle the embryo storage problem. The man in the case of fails to notify her termination fee, equal to unilaterally discarded embryos, damaged the woman reproductive right.
based on the above reasons, the collegial panel concluded that the man should be discarded embryos constitute infringement, special subject matter for embryos with emotional factors, the woman still exist spiritual damage.
according to introducing, on compensation, the collegial panel also considers the mother bear the pain and hurt in the process of take eggs, and the woman’s age factor and the degree of value of marriage.