Court Dismisses Lawsuit Of Mistress Who Used Man’s Sperm To Conceive Without His Consent
A court in China recently ruled against a woman who claimed she used her deceased lover’s frozen embryo to give birth to a baby boy and sought to have the child inherit his assets.
In April 2021, a married man, surnamed Wen, lost his life in a traffic accident in Qingyuan, located in China’s southeastern Guangdong Province.
In December of that year, his extramarital lover, surnamed Ling, gave birth to a son, Xiaowen, after using an embryo that had been previously fertilized and frozen at a private clinic.
- A Chinese court ruled against a woman claiming inheritance rights for her son born from her deceased lover's frozen embryo.
- The deceased, Wen, left no will regarding posthumous embryo use, complicating the child's claim to inheritance.
- Ling, the mother, could not prove the embryo was fertilized by Wen or that she had permission to use his sperm.
Ling claims that the embryo used in the procedure had been created from sperm and eggs collected from Wen and herself before his death, as per ChinaDaily.
A woman surnamed Ling filed a lawsuit demanding the inheritance rights of a baby she allegedly had using her deceased lover’s sperm
Image credits: Pexels/Nadezhda Moryak
In August 2023, Ling filed a lawsuit with the Qingcheng court, demanding that Wen’s wife share Wen’s life insurance, property, and company equity shares with Xiaowen.
The court dismissed Ling’s claim, establishing that Ling failed to prove that the frozen eggs were fertilized by Wen or provide conclusive evidence that the man had given her permission to use his sperm.
Additionally, Wen didn’t state anything in his will regarding posthumous embryo transplantation.
Wen’s wife was reportedly unaware that Ling had given birth to her son by embryo transfer surgery.
The court ruled against Ling, citing she could not provide conclusive evidence that her lover had fertilized the eggs or that the man had given her permission to use his sperm
Image credits: Pexels/Amina Filkins
Embryo transfer, an assisted reproductive technology (ART) procedure often linked with in vitro fertilization (IVF), involves placing one or more fertilized eggs—referred to as embryos—into the uterus.
IVF can be done using a couple’s own eggs and sperm. Alternatively, it can involve eggs, sperm, or embryos from a known or unknown donor. In other cases, people may choose to have a gestational carrier — someone who has an embryo implanted in their uterus — deliver the baby.
Laws in China lack clarity regarding the inheritance rights of babies born from frozen embryos, as Zhao Nyuhuan, a lawyer with the Ronly&Tenwen Partners law firm, told Guangzhou Daily.
Additionally, the man, surnamed Wen, didn’t state anything in his will regarding posthumous embryo transplantation.
Image credits: Pexels/MART PRODUCTION
While the Civil Code enacted in 2021 recognizes the inheritance rights of fetuses, it does not explicitly mention frozen embryos. However, “given the potential for frozen embryos to develop into complete life forms, it is worth considering whether to grant them some degree of legal protection under certain conditions such as the right of inheritance,” the lawyer said.
Huang Dehao, from Zhonglun W&D Law Firm, explained that embryo transfer surgery at qualified private clinics is legal as long as the surgery is agreed upon by the owners of the frozen embryos.
Senior partner Lin Zhaorun from Genius Law Firm believes that, due to the complexity and ethical considerations involved in this process, courts should assess each situation on a case-by-case basis.
I agree with the courts. It’s almost as if she did it on the sole purpose of getting the inheritance. Consent is important. I think she should have had a discussion with his family beforehand before just resorting to that.
We don't know if she maybe had a discussion with him that no-one else knows about, and he died before he could make what they discussed official. It's not like she snuck into the sperm bank in the middle of the night, stole vials of his sperm, and inseminated herself, ffs.
Load More Replies... I agree with the other reasons why the court ruled against her, but "The court dismissed Ling’s claim, establishing that Ling failed to prove that the frozen eggs were fertilized by Wen" is just weird. It shouldn't be difficult to do a paternity test on the kid. There has to be living family of the man or a hair or something to test against.
Well, you can't prove that the relative is actually related to Wen either, can you? And I don't think the court has the right to seize the DNA of a living relative regardless.
Load More Replies...
I find it hard to believe that a married man went through the whole rounds to fertilise his mistress's eggs. The fact that he didn't write a will means that he wasn't really concerned about her future either. But anyway, a DNA test should clarify it, and IF he's his son, an independent party should establish and administer that money away from his mum's claws.
I agree with the courts. It’s almost as if she did it on the sole purpose of getting the inheritance. Consent is important. I think she should have had a discussion with his family beforehand before just resorting to that.
We don't know if she maybe had a discussion with him that no-one else knows about, and he died before he could make what they discussed official. It's not like she snuck into the sperm bank in the middle of the night, stole vials of his sperm, and inseminated herself, ffs.
Load More Replies... I agree with the other reasons why the court ruled against her, but "The court dismissed Ling’s claim, establishing that Ling failed to prove that the frozen eggs were fertilized by Wen" is just weird. It shouldn't be difficult to do a paternity test on the kid. There has to be living family of the man or a hair or something to test against.
Well, you can't prove that the relative is actually related to Wen either, can you? And I don't think the court has the right to seize the DNA of a living relative regardless.
Load More Replies... I find it hard to believe that a married man went through the whole rounds to fertilise his mistress's eggs. The fact that he didn't write a will means that he wasn't really concerned about her future either. But anyway, a DNA test should clarify it, and IF he's his son, an independent party should establish and administer that money away from his mum's claws.
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