Recently, a controversial inheritance dispute case occurred in Qingyuan, Guangdong. A man, Wen, died in a traffic accident, while his extramarital lover Ling gave birth to a baby boy, Wen, through embryo transfer after his death. The birth of this baby boy immediately caused an uproar in Wen's family.
It is reported that after Wen's death, Ling went to a private clinic for embryo transfer surgery, and transferred the embryos that had been cultivated and frozen with Wen into his own body. A few months later, she successfully gave birth to a healthy baby boy. However, the birth of this child was not recognized by the Wen family.
Wen's legal wife Luo and son Wen were very dissatisfied with this sudden "younger brother". They believe that Ling's behavior not only violates public order and good customs, but also tries to fight for Wen's inheritance through this child. As a result, a lawsuit over inheritance is inevitable.
The Qingcheng District People's Court heard the case. The court held that although Xiao Wen was Wen's biological child, Ling's act of transferring embryos after Wen's death was not approved by Wen before his death, and such behavior was contrary to social morality. Therefore, the court finally rejected Xiao Wen's claim to inherit Wen's estate.
This case has aroused widespread concern from all walks of life. Many people believe that this is not just an ordinary inheritance dispute case, but also involves an issue of ethical and legal gaps. As for the question of whether frozen embryos have the right of inheritance, there is no explicit provision in mainland law.
Some lawyers have said that there is a difference in the legal status of embryos and fetuses. Although frozen embryos have the potential to develop into life, their legal attributes are not clear. It is an issue worthy of in-depth discussion whether frozen embryos should be given certain legal protection when they are delivered alive after implantation into the mother's body and do not violate the prohibitions of the law.
Similar cases are not unique. In Guangzhou, the Baiyun Court also heard an inheritance dispute case involving frozen embryos. In that case, after the death of the husband, the wife wanted to keep a share of the inheritance for the two embryos, but was opposed by her parents-in-law. In the end, the case was settled by mediation, but the judge made it clear that the legal status of the embryo and the fetus was different.
These cases reflect the gaps and controversies in the current law on the issue of inheritance of frozen embryos. With the development of technology and the change of people's attitudes, such problems may arise more and more. Therefore, it is necessary to improve and standardize the relevant laws to clarify the legal status and rights of frozen embryos.