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After the death of her husband, her wife hopes to continue the “test tube baby” operation

On the one hand, it is the simple emotional demand of “continuation of blood line”. After the death of her husband, the wife hopes to continue the “test tube baby” operation. On the other hand, it is not in line with the regulations. The hospital concerned is very difficult and has no choice but to refuse to carry out the relevant operation. Around whether the “test tube baby” operation should continue, the plaintiff Fang Xiaoqin (pseudonym) and the hospital played a “tacit lawsuit” for the court to decide.

On the morning of June 23, the people’s Court of Liangxi District, Wuxi City, Jiangsu Province (hereinafter referred to as Liangxi court) held a court session to hear a dispute case about “embryo transfer operation”. Finally, the court decided to support Xiaoqin’s appeal, confirm that the original contract and agreement remain valid, and require the hospital to continue to perform its corresponding obligations.

Xiaoqin and her husband are both from Anhui Province. They used to do farming business in Jiangyin, Jiangsu Province. They lived happily and harmoniously. But they have a pity that they have no children after marriage. I heard that a friend nearby said that there was a hospital in Wuxi that could perform the “test tube baby” operation, and that friend also succeeded in having a child. At the suggestion of the other party, Xiaoqin and her husband went to Wuxi for diagnosis and treatment in the hospital concerned. At the suggestion of the doctor, they decided to implement artificial pregnancy aid.

In August 2016, after signing the relevant agreement, the hospital carried out the embryo transfer operation for the couple, but it failed. The two people who wanted to have a baby didn’t lose heart. They decided to wait for Xiaoqin to recuperate and continue to go to the hospital for treatment.

In May 2017, Xiaoqin and her husband came to the hospital again to ask for the implementation of artificial pregnancy assistance. The hospital carried out egg retrieval and sperm extraction respectively, and successfully cultivated four embryos. Because of the excessive stimulation after ovectomy, Xiao Qin had effusion in the chest and abdomen, and was immediately hospitalized for treatment. As for embryos, Xiaoqin and his wife asked the hospital to use low-temperature preservation technology to preserve these embryos, and signed the informed consent of embryo freezing, thawing and transplantation. They declared that they would accept in vitro fertilization in the hospital.

Considering the failure of the first operation and the physical reaction after the egg removal operation, the couple decided to wait a moment, continue to adjust their body, and prepare for the subsequent embryo transfer.

Just as they were looking forward to the future, misfortune suddenly happened. In July 2019, Xiaoqin’s husband died accidentally in an accident. In order to continue her blood, Xiaoqin, with the support of her father and mother-in-law, decided to go to the hospital to continue the embryo transfer operation, but her request was rejected by the hospital.

The reason for the hospital is that if the operation continues, the hospital will violate the relevant regulations previously issued by the former Ministry of health.It turns out that according to the regulations of the human assisted reproductive technology standard and the ethical principles of human assisted reproductive technology, assisted reproductive technology must strictly abide by the voluntary principle of informed consent and informed choice. Xiaoqin husband did not come to the hospital for trial embryo transfer two years before his death, and the informed consent signed before his death could not be continued until after his death, and he could no longer sign the embryo explanation Frozen and informed consent.

At the same time, the informed consent for embryo freezing, thawing and transfer signed by both parties clearly states that the cost of the first embryo freezing only includes the embryo preservation period of three months, and the couple of Xiaoqin never make up the cost of freezing since two years of preservation, which is regarded as subjective abandonment of the embryo. And Xiaoqin is now a “single woman”. According to the principles of protecting offspring and public welfare in the original human assisted reproductive technology specification issued by the Ministry of health, she cannot perform assisted reproductive technology surgery for single women.

Among them, the main obstacle is to get stuck in the “signature” link of Xiaoqin’s husband. In practice, in the process of embryo transfer, the hospital generally requires both husband and wife to sign for approval before carrying out the operation. In addition, Xiaoqin’s status as a “single woman” does not meet the requirements for continuing the operation.”At that time, it was said that, without my husband’s signature, would I want the body to come back and sign? Now this situation is not our intention. ” Xiaoqin confessed in an interview that when the hospital refused, it only felt that the hospital was “too harsh”. Both my husband and I are ordinary people who come to Wuxi to fight. They failed in the first attempt and went to Wuxi for the second time. They understand that the cost of each operation is not low. Considering the actual situation of their body, they will be cautious and “delay” all the time. They don’t want their husband to die suddenly.”To say that informed consent and voluntary choice have been signed before, it should be considered as informed consent. It’s just that the signature can’t be signed now. ” Xiaoqin said with a choking voice that now the embryo is still there, which is the thought left by her husband. She only wants to have her own child and her husband’s two.

Xiaoqin also told reporters that her parents-in-law had two children who died in succession, and that their husband was their hope. Now that the husband is gone, the embryo in the hospital is their last hope. “Without this hope, father-in-law and mother-in-law would not live. This is also the hope of our family. We hope that the society and the law will support us. “During the trial of the case, Xiaoqin’s father-in-law came to the court and stated that he and his wife hoped that Xiaoqin could carry out the embryo transfer operation, let the blood continue, let the living have hope, and promised to bear the legal consequences. Xiaoqin’s mother-in-law expresses her support for Xiaoqin through video connection.

With regard to the balance of the costs for the renewal of embryo freezing, Xiaoqin has handed over the money to the court for deposit after the court session.

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