Recently, a case in which a mistress used frozen embryos to give birth to a child after the death of her lover has attracted widespread attention. During the marriage relationship between the deceased Mr. Wang and his wife, Ms. Chen, he maintained an improper sexual relationship with Ms. Wu and froze the embryos without permission. After Mr. Wang's accidental death, Ms. Wu claimed to inherit Mr. Wang's estate in the name of her child.
After the trial, the court held that Ms. Wu, as Mr. Wang's lover, violated ethics and morals by freezing embryos and giving birth to children with Mr. Wang during the existence of the marriage relationship between Mr. Wang and Ms. Chen, and that her behavior had violated the relevant provisions of the Marriage Law, harmed Ms. Chen's legitimate rights and interests, and violated public order and good customs. Ms. Wu has no right to claim the inheritance of Mr. Wang's estate on behalf of her children.
The development of modern medical technology has led to the application of embryo freezing technology, but it has also brought a series of legal and ethical issues. During the existence of the marital relationship, one of the spouses and a third party freeze embryos without permission, which not only violates the Marriage Law, but also violates social morality, and is an infringement of the legitimate rights and interests of the spouse, such as the right to reputation and the right to marriage. It is difficult for a child born under such circumstances to receive due protection under the law.
In this case, the court rejected Ms. Wu's claim on the following grounds: first, Ms. Wu did not provide sufficient evidence to prove that her children were born to Mr. Wang, and it was difficult for her children born as mistresses to receive legal protection;
Second, even though his children were born to Mr. Wang, Ms. Wu had violated the Marriage Law and public order and good customs by freezing embryos with Mr. Wang, knowing that Mr. Wang had a spouse, and therefore her children were not entitled to inherit Mr. Wang's estate.
In the author's opinion, the court's judgment reflects the protection of the marriage and family system and the protection of the rights and interests of vulnerable groups, and is worthy of recognition.
On the one hand, the court denied Ms. Wu's claim to obtain inheritance by giving birth to children through an improper relationship, demonstrating respect for the marriage system and family ethics, and leading significance for social justice. On the other hand, the court did not push the born child to the opposite side, but objectively analyzed the facts of the case and judged the impropriety of Ms. Wu's conduct, which avoided the intensification of the conflict, which is worthy of reference.
In real life, extramarital affairs are not uncommon, and there is even a chaos like this case in which illegitimate children seek benefits with the help of modern technology. The root cause lies in the lack of personal morality and weak legal awareness. In this regard, in addition to giving play to the punitive role of the law, it is also necessary to strengthen the construction of social morality, guide citizens to enhance their awareness of marriage and family, establish correct values, and jointly create a civilized and harmonious social atmosphere.
In short, the law should keep pace with the times, respond to social concerns, and uphold social fairness and justice. With regard to basic social systems such as marriage and family, it is all the more necessary for the whole society to take care of them and resolutely resist acts that undermine social ethics and disrupt public order and good customs.
Only by combining the rule of law with the rule of virtue, and the benign interaction between individuals, families, society and the state, can we create a better life and realize the "good customs" and "public order and good customs" advocated by the Civil Code.