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sun 發表於 2018-4-13 13:10

去世夫妻存冷凍胚胎,父母海外找代孕「留後」

據當地一家報紙報導,在經歷了一場漫長的、沒有先例的法律戰之後,一位代孕媽媽生下了一名男嬰,男嬰的父母已在四年前的一場車禍中喪生。

在中國東部城市宜興,沈傑和劉曦夫婦在結婚後的頭兩年裡一直沒能懷孕。他們決定進行體外受精,但在2013年3月20日,也就是胚胎移植的五天前,他們在一次車禍中身亡。《新京報》週二在一篇報導中描述了隨後發生的法庭鬥爭。

沈傑和劉曦都是獨生子女,他們的父母決定用代孕來延續後代。代孕在中國是非法的,兩家人的第一個障礙是獲得胚胎。

(相關閱讀:由於不孕不育、獨生子女政策的放寬,以及中國文化要求有後,代孕的情況在中國越來越多。)

去世夫妻的父母多次前往南京一家醫院,那裡存放著兩人留下的冷凍胚胎,但醫院的高級官員一再拒絕與他們見面。於是,這四名父母嘗試了一個新策略,一家的父母把另一家的告上了法庭。

「起訴醫院的風險太大了,」沈傑的父親沈新南對該報說。

儘管第一家法院駁回了訴訟,但另一個法院做出了有利於他們的判決。「雙方家族血脈的唯一載體,承載著哀思寄託、精神慰藉、情感撫慰」的重擔,無錫市中級人民法院的判決說。

醫院不允許將胚胎轉交給個人,因此,這兩家人找到了一個與寮國一家醫院有合作的代孕機構。2016年12月,代孕機構獲得了胚胎,並於2017年初將其送往寮國。

一位27歲的寮國人被選作代孕母親,寮國一家醫院的醫生移植了兩個胚胎。在孩子出生之前,代孕母親持旅遊簽證被帶進中國。這名男嬰於2017年12月9日在廣州出生。

他的外祖母胡杏仙給他起名「甜甜」。

「眼睛像我女兒,但還是像他爸爸多一點,」胡杏仙對《新京報》說。

sun 發表於 2018-4-13 13:10

[font=SelaneWebSTTwenty, Georgia, &quot][float=left]Baby born 4 years after his parents' death in road accident in China[/float]
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[img]http://www.straitstimes.com/sites/all/themes/custom/bootdemo/images/dummy.gif[/img]Liu Baojun (centre), who runs a surrogacy agency, and a colleague visit baby Tiantian in Guangzhou. With them are Tiantian's maternal and paternal grandmothers. PHOTO: SINA/BEIJING NEWS

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[font=Curator, &quot]PUBLISHED
APR 11, 2018, 6:50 PM SGT
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[font=SelaneTen, Georgia, &quot][size=19px]BEIJING (CHINA DAILY/ASIA NEWS NETWORK) - The parents of a young couple, who were killed in a road accident in 2013, have become grandparents of a baby born through surrogacy.
The baby boy's maternal grandmother gave him the name Tiantian - which means sweetness - in the hopes that he will bring happiness and sweetness to the two families.
When Tiantian was 100 days old on March 18, his paternal grandfather Shen Xinnan arranged a low-profile celebration.
"This boy is (destined to be) sad upon his arrival into the world. He does not have parents. We will have to tell him the truth one day. That is inevitable," said Shen.
He said he will initially tell Tiantian that his parents had gone overseas, and then let him know the truth when he is old enough.
Shen's son Shen Jie and Liu Xi, a couple from Yixing, East China's Jiangsu province, died in a road accident on March 20, 2013. The accident occurred five days before a scheduled transplantation that would embed embryos created using in vitro fertilisation to Liu's womb to help the couple have children.


As Shen and Liu were both the only child in their families, the embryos preserved at Nanjing Gulou Hospital became their grieving parents' only hope of carrying on their family line, reported Beijing News on Tuesday (April 10).
However, as there is no regulation in China on how to dispose of non-transplanted human embryos, the parents of Shen and Liu encountered obstacles in retrieving the embryos from the hospital.
To obtain the rights to dispose of the embryos, the parents of Shen Jie filed a lawsuit against the parents of Liu Xi because, as they said, "suing the hospital would be too risky".
In the first such trial, the Yixing People's Court rejected the petition of Shen's parents to take the embryos from the hospital, on the grounds that "an embryo has the potential to develop into a life, so it is not allowed to be transferred or inherited like other objects".
But Shen's parents was granted the rights to dispose of the embryos in the second trial by the Intermediate Court of Wuxi, which considered "the embryos left by Shen and Liu are the only carriers of the two families' bloodlines, and they carry the memories of their parents and can provide emotional consolation to them".
In September 2014, after winning the rights to handle the embryos, Shen Xinnan asked Gulou Hospital of Nanjing to hand over the embryos to him. But the hospital said the embryos could be transferred only to another medical institution, and not to any individuals.
As no hospitals in China were willing to accept the embryos, Shen Xinnan was forced to turn to medical institutions overseas.
Also, the couples had to find a surrogate mother overseas as surrogacy is banned in China, according to a regulation issued in 2001.
Shen Xinnan contacted dozens of surrogacy agencies before he met Liu Baojun, who runs such an agency.
At Liu's suggestion, Shen chose a hospital in Laos, where commercial surrogacy was not prohibited then, to receive the embryos in 2016. Laos has banned commercial surrogacy in January 2018.
A Laotian surrogate mother was selected among more than 20 candidates to carry the embryos.
"We tried not to let her feel uncomfortable because she was put under special care and different from the other surrogate mothers," Liu said, referring to the surrogate mother.
On Dec 9, 2017, the Laotian woman gave birth to the baby boy in a hospital in Guangzhou, capital of South China's Guangdong province.


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