Court in South China's Guangdong Province rules against inheritance right of baby born from frozen embryo

A contentious legal battle has unfolded in the city of Qingyuan, South China's Guangdong Province, revolving around the inheritance rights of frozen embryos following the demise of the doner. The court ruled against inheritance right of the baby born from the frozen embryo.

After a man surnamed Wen lost his life in a traffic accident in January 2021, Ling, his extramarital lover, underwent embryo transfer at a private clinic three months later and gave birth to a baby boy on December 16, 2021. 

Ling claimed that the embryo was cultivated and frozen before Wen passed away, though crucial legal documents supporting this assertion, including an agreement on embryo transplant or statement consenting a transplant if Wen is dead, were absent.

Ling, on behalf of the baby, filed a legal case in August 2023, demanding Wen's wife and son to compensate Wen's share of the estate in terms of death insurance premiums, real estate, and company equity in accordance with the Civil Code.

The local people's court ruled against Ling's claim for inheritance, citing the absence of conclusive evidence affirming Wen's consent for embryo transfer and the lack of legal agreements between Wen, Ling, and the medical institutions involved. The baby could not prove himself to be a lawful heir of Wen's inheritance.  Ling's actions also contravened established legal and moral norms.

According to China's Civil Code, a fetus enjoys the same right to inheritance, but there lacks explicit legal provisions regarding the inheritance rights of frozen embryos, Zhao Nühuan, a lawyer based in Guangzhou, told reporters. With the uncertainties surrounding the status of frozen embryos and related medical restraints, granting frozen embryos the right to inherit could trigger ethical problems. 

The Baiyun District People's Court in Guangzhou handled a similar case in the past where disputes over frozen embryo inheritance surfaced following the demise of a man. The man's wife wanted to preserve the inheritance rights for two embryos which were opposed by her parents in law. The case was settled through mediation. 

The judge of the case told interested parties that embryos and fetuses have different legal status. 

The legal status of embryos, particularly in the realm of inheritance law, has sparked heated debate in China, as the legal framework for reproductive technologies like in vitro fertilization and embryo freezing remains underdeveloped. 

In China, the first domestic case involving an inheritance dispute over the disposal rights of frozen embryos, adjudicated by the Yixing People's Court in Jiangsu Province in May 2014. Shen and Liu were a couple seeking assistance from the Nanjing Drum Tower Hospital reproductive center due to infertility issues. The couple chose to freeze their four embryos, but unfortunately died in a traffic accident before the transfer. Their parents wished to inherit the frozen embryos. Considering the possibility of donation, sale and purchase of embryos, the court ruled that since the couple in this case had both died and the original transplant cannot be carried out, their embryos could not be inherited, and ultimately ruled that the parents could not be granted the right to dispose of the frozen embryos.

The court's verdict triggered debate within the legal fraternity. While some scholars, like Zhang Yanling, a law school associate professor at Nanjing University, endorsed the ruling, arguing that embryos' potential for life warrants special protection, others, such as Meng Qiang, an associate professor at Beijing Institute of Technology, contended that embryos should be recognized as assets with inheritance rights, particularly when both parents are deceased.

According to Hu Chun, a judge from Suyu District People's Court in Suqian, Jiangsu Province,  the lack of legislative clarity on the status of frozen embryos has left room for interpretation, with differing views on whether embryos should be considered as objects or possess rights akin to those of natural persons. 

Despite the ethical complexities inherent in reproductive technologies, scholars advocate for a balanced approach to safeguard both the legal rights of individuals and the ethical considerations surrounding human life.