Source | Urban Live Comprehensive Guangzhou Daily
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After the husband and wife quarreled, the 25 -week -old wife and her mother concealed their husbands to the hospital for induction of labor.A man in Guangzhou violated his fertility and caused the emotional breakdown of the husband and wife with the illegal surgery of hospitals. He filed a lawsuit with the court and claimed 880,000 yuan.
The pregnancy wife ran away, but went to the hospital for terminating pregnancy surgery
Husband Zhang said that after her wife Li was pregnant, because of her pregnancy physiological response, she was upset, and she ran away with a sense of upset. She came to a hospital in Guangzhou.As a husband and his family, he did not know.
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"Originally, it was just a contradiction between husband and wife. Due to the sharp deterioration of family contradictions due to the flow of doctors and illegal people, the divorce ended." Zhang said that after various investigations, he finally found his wife who was pregnant for 25 weeks on November 25, 2015 to implement the 25 -week -old wife.The list of costs for artificially termination of pregnancy surgery believes that because the doctor’s illegal surgery can cause the fetus and the family to break.
Zhang said that due to the doctors ‘illegal behavior and two divorce disputes, doctors’ illegal infringement of fertility, causing inadvertent work, bringing endless disasters to the family.Then he sued the hospital to perform surgery illegally and requested the court to order in accordance with the law.9125.68 yuan; the hospital bear all litigation costs.
Hospital: legitimate medical behavior
Wife terminated the fertility of pregnancy violations?Court sentence
The second instance of the Guangzhou Central Hospital believes that the evidence of this case is not enough to determine that the hospital is negligible to understand the marriage status of his wife Li and inquire about the fetal father’s condition, and the question has nothing to do with whether he infringes his husband Zhang’s fertility.Pregnancy surgery is a legitimate behavior to ensure the freedom of female citizens. It has legitimacy and does not need to bear the infringement liability according to law.
The focus of the controversy in this case is whether the hospital’s behavior of terminating the pregnancy for the hospital violates her husband’s fertility.
The court of the second instance found that in this case, a hospital in Guangzhou performed the termination of pregnancy surgery for his wife Li. It was a legitimate behavior that ensured the freedom of fertility of female citizens. It was legitimate and there was no fault.The appellant claimed that the act illegally deprived him of the right to fertility and the right to life of the fetus. It was not based on the law, and the court did not support it.The original judgment was not improper and maintained.
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Zheng Xiaoting, the main trial judge of the first instance of the case and the civil trial of the Yuexiu Court, said that he had equal rights between husband and wife on the issue of fertility.Theoretically, fertility is the common behavior of both men and women, and it is impossible to rely on unilateral implementation. Therefore, one party cannot force the other party to realize this right. This right should be based on negotiation between the two parties.
According to the concept of consistent rights and obligations, women should enjoy decision -making in the fertility process.Article 51 of the "Protection Law of the Women’s Rights and Interests of the People’s Republic of China" stipulates that women have the right to give birth to children in accordance with relevant national regulations, and they also have the freedom of fertility.But this does not indicate that the law deprives the "men’s fertility rights", but because women bear more risks and difficulties than men in the process of pregnancy, production and raising their children. ThereforeHuman care and special protection of women’s groups.
In this case, it is not improper to file a lawsuit in this case as a stakeholder of fertility.Li, accompanied by his mother, went to the hospital to enter the hospital for termination of pregnancy. It belongs to the self -disposal of his fertility. The defendant hospital has the legitimate qualifications of termination of pregnancy surgery. It is not only a respect for Li’s willingness to perform surgery.It is also the obligation that the hospital must perform in order to ensure that female citizens’ freedom of fertility is not fertilized, which does not constitute infringement.
