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A Woman’s Body is Her Own Business

Sophie Mao LegalTips 2020-01-24

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Related articles:Marriage Law of the People's Republic of ChinaWhat the China law Says about Consumer's Rights?Egg freezing, also known as mature oocyte cryopreservation, is an effective way to preserve a woman’s fertility and allows her to have a child in the future. However, one hospital in China was sued by Ms. Xu because the hospital refused to provide egg freezing for her as a single woman. The court hearing was scheduled on Dec 23th, 2019 in Beijing.卵子冷冻,也称为成熟的卵母细胞冷冻保存,是保持妇女生育力并允许她在未来生孩子的有效方法。然而,中国的一家医院因为拒绝提供卵子冷冻服务被徐女士起诉。庭审定于2019年12月23日在北京举行。


According to Ms. Xu, on November 14, 2018, she went to the Beijing Maternity Hospital to attend a consultation on the issue of having her eggs frozen. As a result, it was confirmed that both her body and the eggs are healthy after relevant medical examinations. However, her request to have her eggs frozen was rejected, and she was told by the hospital that egg freezing for single women is not allowed according to relevant regulations.据徐女士介绍,2018年11月14日,她到北京妇产医院咨询卵子冷冻问题。结果,经过相关医学检查,确认她的身体和卵子都健康。然而,她要求冷冻卵子的请求却被拒绝。医院告诉她,根据相关规定,不允许为单身妇女冷冻卵子。

Ms. Xu believes, as an adult woman over 30 years, she has the right to freeze her current eggs, which are best suited to ensure her fertility. She stated: "I'm an average single woman, but single women can have a lot of choices to reproduce. ” Though realizing it’s not easy, Ms. Xu decided to do something to fight for the right for herself and for all the women who share the same fate as her.徐女士认为,作为一个30多岁的成年女性,她有权冷冻她目前的最适合生育的卵子。她说:"我是一个普通的单身女人,但单身女性有很多选择来进行生育。"虽然意识到这并不容易,但徐女士还是决定为自己和所有与她有着相同命运的女性争取权利。


She sued the hospital in local courts. Since March of 2019, Ms. Xu has been rejected three times in different courts for trying to file a lawsuit in connection with a "medical contract dispute". In September this year, she changed the cause of action to “general personality right” and this time, the court accepted her lawsuit.她向当地法院提起诉讼。自2019年3月以来,徐女士因试图就"医疗合同纠纷"提起诉讼,三次被不同法院驳回。今年9月,她将诉讼理由改为"一般人格权",这次,法院受理了她的诉讼。


According to the information journalists obtained from the claimant the [DDD1] defense of the sued hospital includes the following:1. Human Assisted Reproductive Technology Code (“HARTC”) developed by former Minister of Health in 2001 has made regulatory restrictions on egg freezing of single women, hospital has to comply with this HARTC.2. Egg freezing technology for single women is not mature enough.3. Single women wanting to have children will cause educational issues.4. If egg freezing for single women is allowed and widely carried out, female childbearing age will be delayed further.5. There are also ethical issues involved, such as surrogacy.根据记者从原告那里获得的信息,被诉医院的辩护包括:1. 前卫生部长于2001年制定的《人类辅助生殖技术规范》("HARTC")对单身妇女卵子冷冻作出了监管限制,医院必须遵守该"HARTC"。2. 单身女性的卵子冷冻技术还不够成熟。3. 单身妇女想要孩子会引起教育问题。4. 如果允许和广泛实施单身妇女的卵子冷冻,女性生育年龄将进一步推迟。5. 还涉及一些道德问题,如代孕。


Obviously, Ms. Xu doesn’t agree with these arguments. She thinks egg freezing for single women does not mean that the child will be born in a single-parent family,as single women probably will get married in the future. In addition, married couples may also have the problem of educating children in single-parent families as a result of an increasing divorce rate.显然,徐女士不同意这些观点。她认为,单身女性冷冻卵子并不意味着孩子就一定出生在单亲家庭,因为单身女性将来可能会结婚。此外,由于离婚率上升,已婚夫妇也会有单亲家庭教育子女的问题。


Whatever the reason is, it’s not good enough to restrict a woman’s right to decide when and how to raise a child herself.不管是什么理由,都不足以限制妇女决定何时以及如何自己抚养孩子的权利。


“My case actually represents the needs of many single women. "In Xu's view, "egg freezing" is more like an insurance policy, "With this insurance, if I change my idea in the future, there is also an opportunity to re-make my choice.""我的情况实际上代表了许多单身女性的需求。”在徐女士看来,"冷冻卵子"更像是一份保险单,"有了这个保险,如果我将来改变想法,也有机会重新做决定”Click "Read More" to know more

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