Chinese woman uses frozen embryos to conceive, sparks inheritance controversy
What's the story
A woman has triggered a stir across China after she used frozen embryos to conceive a son after her boyfriend's death. The woman identified with the surname Leng is now claiming assets of her late partner Wen, who tragically died in a traffic accident in January 2021. Leng had earlier preserved some eggs at a private clinic which she claims were fertilized by Wen's sperm. In December 2021, she gave birth to their son Xiaowen via embryo transfer surgery.
Court proceedings
Leng demanded that Wen's widow share part of the estate
In August 2023, Leng initiated legal proceedings on behalf of her son Xiaowen. She demanded that Wen's widow share part of the estate with their child. The disputed assets include property, insurance benefits, and company equity shares. However, her claim was dismissed by the court after Leng was unable to provide conclusive evidence that the frozen eggs were fertilized by Wen or that he had consented to his sperm being used for conception.
Expert opinions
Legal experts weigh in on the issue
Legal expert Feng Qinjuan pointed out that the Civil Code enacted in 2021 stipulates that any living fetus in a mother's body is entitled to inheritance and gifts. However, it remains unclear whether a frozen embryo holds the same rights due to lack of legislation addressing this issue. Meanwhile, Huang Dehao from Zhonglun W&D Law Firm emphasized that while embryo transfer surgery at certified private clinics is legal, it should be mutually agreed upon by the owners of frozen embryos.
Online response
Case has attracted significant attention on social media platform Weibo
The case has attracted significant attention on the social media platform Weibo news, with over 4,201 comments at the time of writing. Many netizens have expressed their disapproval of Leng's actions."How terrible. She'll do anything for money," wrote a user. While other commented, "Her poor son. He comes into the world as a bargaining chip."