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but Chinese law prohibited this.

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發表於 2015-10-21 15:50:56 | 只看該作者 回帖獎勵 |倒序瀏覽 |閱讀模式
Video loading, please wait ... AutoPlay & nbsp; play frozen embryos plaintiffs against the intention of seizing the elderly play's first frozen embryo frozen embryo play forward or backward inheritance case on May 18 afternoon, Shen Nan couple's son and daughter empty room,http://suzuki-afili-school.seesaa.net,hogan outlet sito ufficiale, conceal his sadness. Beijing News reporter Shao Shiwei photo
May 15,http://lash-rash.com, 2014, China's first frozen embryo inheritance dispute in Yixing court verdicts. Shen plaintiff sued his relatives south, to inherit after the death of his son Shen Jie and his wife left frozen fertilized embryos.
 
Four missing children left alone to compete for the elderly frozen fertilized embryos courts of first instance,woolrich outlet, but to the plaintiff and defendant both sides were unable to obtain the right to inherit ending. Pain and loss of independence for the elderly white frozen embryos management law, can glimpse the clues in this lawsuit.
 
Judgment
 
 
 
Embryos can not be inherited
 
First instance verdict, 52-year-old New South plaintiff Shen could not conceal his face shocked, he turned around and looked at the dock on 53-year-old Liu law relatives, both with a wry smile, as the moment after, each with his wife along slowly out of court.
 
"The dispute between us to put up, and now to take out the embryo." Shen Nan said.
 
Last March 20 night, the son of Shen Shen Jie new South, daughter Liu Xi died in a car accident on his way home. The same day, the couple had just learned a good news, five days after Liu Xi will be able to carry out artificial insemination and embryo transfer procedures. To this day, they wait for a whole year.
 
This young couple after marriage has not been pregnant, at the recommendation of a friend, to do artificial insemination Nanjing Gulou Hospital.
 
Shen Jie, Liu Xi are their only son, an only child, after the accident, leaving four missing only the elderly.
 
Before the 2014 Spring Festival, Shen New South Jiangsu Yixing court will relatives Liu law court, asking for his son and daughter kept in inheritance rights Drum Tower Hospital of fertilized embryos. "I hope for me to oversee store embryos." Shen Nan said.
 
Contrary to expectation is that both sides,http://www.ciscoclub.com.cn/home.php?mod=spacecp&ac=blog&blogid=, because the embryo has the right to inherit property and whether it has not been determined, the current storage management Yixing court embryos Nanjing Gulou Hospital, added as a third-party case. Shen believes the new South,http://www.chrisadamsperfumes.com/index.php?item/create_form/1, is beginning to emerge from the Drum Tower Hospital in court, the lawsuit became lost only four dispute the elderly and hospitals.
 
For the demands of both the original defendant, the hospital refused to give clear. Attorney Zheng Zhelan hospital said that the current freeze embryos for IVF property has not been clear, and our disposal and regulatory frozen embryos have stringent technical requirements, and therefore can not be handed over to either the frozen embryos.
 
Zheng Zhelan think, from a medical point of view, the only way to make these embryos survived only a surrogate, but Chinese law prohibited this.
 
In this regard, the plaintiff lawyer Guo Wei said, "surrogate" for the wishes of both parents infer guilt, "they just want to change the hospital saved the day to wait for policy changes."
 
The trial judge in the interpretation of the judgment  grounds that the embryo has the potential to develop into life, the future of the special features of life contain things, not like ordinary things any transfer or succession, can not be the subject of inheritance.
 
that both spouses on the exercise of the rights of embryos is limited, must be for the purpose of fertility,http://sportsfan.jpn.org/cgi-kban/sunbbs.cgi?mode=form&no=69&page=2, not donations, the sale of embryos. Now the couple have died, through surgery to achieve the purpose of reproduction is not possible, the right to leave the couple's embryo surgery restricted itself can not be inherited, so the plaintiff claims by regulatory stored embryos, the court is not supported.
 
The court's decision, so that both parents "worried." Under the agreement, Shen Jie, Liu Xi and hospitals signed frozen embryos stored for one year. Today shelf life has expired, so that old people are most worried about is the hospital under the agreement may be discarded embryos.
 
"We will appeal, this is the last hope that we lost only four elderly." Shen Nan said.
 
Loss of independence
 
 
 
Two family tragedy
 
From the night of the accident from March 20, 2013, Shen Nan home will quiet down. Before, son, daughter and  couples living together, after that night, loud son, daughter piano, have disappeared from this building 3 storey villa, leaving only two elderly people suppressed sobs.
 
During the day, Shen Nan couples endure grief in front of each other, Shen Nan go out to do business as usual, his wife good breakfast and sat down in the living room watching TV, occasionally playing mahjong. As if nothing had happened.
 
But everything changed, they suddenly found themselves in life will always be "broken." Only one kilometer away from the crash site, how can not avoid. Passing there, Shen Nan suddenly the car stopped at the roadside, head resting on the steering wheel to cry. A man threw his wife will go there, obsessed with complaining to her tell the dish and air prices, too much space at home is not good cleaning, "as if they were there."
 
The most difficult is the night, worried that the couple can not afford, relatives already cleared two children things, even the beds are removed. Shen Nan remember how many sleepless nights pacing to his son's room, sitting on the empty floor in a daze. Several times, he and his wife in the empty house, "encounter",nike tn pas cher, hugged crying.
 
In nearly 20 kilometers away from the parents of Liu Shen, Liu Xi expressing similar sorrow with different lifestyles.
 
Daughter and son happened that day is the mother of Liu Xi Hu Xing Xian's birthday, the two had finished with her birthday in a traffic accident on his way home. Over the past year, she should stay in the same day two of remorse at home overnight. This year,  cents early ripped out her birthday on the calendar that page,woolrich parka, "on the birthday when he did not."
 
When her daughter had just died,  cents always kept staring at the phone, at least give her a day before she hit four or five calls. Later, she felt sad, he rarely used a mobile phone. Daughter is a kindergarten teacher, Liu Act phone also keep her dance practice video, sometimes he would see a man hiding in the toilet, always with a smile beginning to end tears.
 
Liu law couple seldom go out. Wedding, children, a young and old, this is they are afraid to see, they often draw the curtains at home, as if separated from the outside so that we can laugh and firecrackers.
 
Lost only four elderly people can not imagine a future without children accompanied them have had suicidal thoughts moving, but was eventually discouraged. "There are children in the embryo do not, that is the blood ah." Relatives told them.
 
Enemies
 
 
 
"Enemy": from relatives to hospital
 
After the funeral Cuisine children, four elderly people would ask their children along to the Drum Tower Hospital, leaving four frozen fertilized embryos, but made several trips to the hospital were a "law does not allow" as an excuse.
 
Repeated refusal of four elderly people no longer believe in the Drum Tower Hospital. Shen Nan said, they at least have taken custody of the embryo into Shanghai or Beijing.
 
Two people are aware that the current law does not allow surrogacy, they intend to change the "safer" place to keep the embryo, until the policy allows that day, his grandson or grandchild can be born. "The worst, we can also give other couples ah." Shen Nan said.
 
"Stay incense" is the desire of the elderly alone lost the final four.
 
In desperation, Shen Nan find a lawyer to understand the facts of the case, the lawyer Guo Wei Shen is recommended to determine the new South-parent embryo inheritance, "you must first determine who owns the embryo."
 
Guo Wei told the Beijing News reporter, when he view the information found for the disposal of frozen embryos regulation, medical institutions are the Ministry of Health issued regulations restricted. As allowed transfer, gift, prescribed not for individuals, "which the law does not say they can not inherit."
 
Before the 2014 Spring Festival, Liu law received notice of the respondent. So that he does not understand some of that pre-indictment Shen never find him a new South deliberations, but said "we take the legal means it," on the phone.
 
In the past, Shen, Liu two are the envy of the children's relatives, two people always have a dinner on weekends,http://www.xinhelan.com/home.php?mod=spacecp&ac=blog&blogid=, and occasionally traveling together. immortal memories will always be with her every time travel laws, then stay with the wife's mother-in-law, "I never played a dispute."
 
From responding to a notice issued by the court, four elderly will not meet again. Occasionally contact only by phone, she spoke dispute will happen, "the embryo is our family," both sides are calling on the phone.
 
Shen believes the new South, married husband from her husband is Chinese tradition, Jiangsu and Zhejiang region is the daughter does not inherit the traditional family property, so he felt his son should inherit embryos left by him, the possibilities for the future, he should also be handled.
 
And Liu law that all embryos small spouses themselves as parents should be a woman's right to inheritance, for which he also prepared pleadings.
 
The two sides at loggerheads, managed by its own sons and daughters who want to leave the embryos.
 
Just when the May 15 hearing, four elderly or glare, and do not budge. As the trial proceeds, Shen Nan know, get embryos not impede own relatives, but sitting on the side of the Drum Tower Hospital.
 
After the verdict,  Sin said that they do not intend to fight, and now the two sides of the "enemy" is the hospital. On the way home, the past six months for the first time in four elderly people sitting on the same car, crying sounded from time to time.
 
Blank
 
 
 
Legal intractable ethical issues
 
This is not the frozen embryos first became the focus of controversy, the relevant laws of the blank so that frozen embryos regulation is always in the "no man's land."
 
Currently management on assisted reproductive technology, mainly based on "human assisted reproductive technology management approach" the promulgation of the Ministry of Health in 2001 and the "human assisted reproductive technology specification" (hereinafter referred to as the "Code"). The "norms" were revised in 2003, still in use. "Norms" is the definition of frozen embryos exist between transition between persons and things, is neither human nor material status.
 
It has also become Gulou Hospital and Yixing court held that the embryo can not be inherited basis.
 
Director of the Civil Code of Professional Committee of Beijing Lawyers Association Chen Zhihua that if two old couple got surrogate embryo not only preserved, from the sense is concerned, it should be possible. However, the original defendant, the two parties how to divide the embryo, it is difficult to reach an agreement.
 
Chen Zhihua said that even more difficult is the problem of frozen embryos with hybrid technology and ethics, ethical issues are often not the answer,http://leagueofios.com/read.php?tid=1889&ds=1, it is difficult to design a legal standard.
 
Four elderly people suggested that he then respond to national call to practice family planning, loss of independence and now own two-child policy has been liberalized, "to see how we are all victims of this be taken care of," said Hu Xing Xian.
 
Wei Planning Expert Committee on Medical Ethics committee Zhai Xiaomei think, on everything from the reason although easier to understand, but it will bring more problems, such as medical ethics involved in surrogacy and embryo traded future may open hole.
 
Even the foreign-related case also four elderly negative.
 
The United States had a couple artificial insemination, fertilized embryos are not implanted in the uterus after surviving divorced when the two compete for the remaining several embryos. Tennessee Supreme Court ruled that frozen embryos is neither "people", not "property", simply because they have become human possibilities temporarily given special respect. Thus, the rights of couples have embryos can not be counted as a bona fide.
 
For American jurisprudence, Guo Wei said it is because of that surplus embryos for couples in the US approach was not signed caused. In Chen Jie couple with Gulou Hospital protocols clearly marked for the handling of surplus embryos discarded. However, due to the use of embryonic Shen Jie couples without fertility, so the embryo is still in the unused state, not a surplus embryos, and therefore can not be discarded, but by the families of the inheritance.
 
According to a Drum Tower Hospital doctors estimated that Nanjing about 100,000 frozen embryos, of which more than half is stored in the Drum Tower Hospital.
 
For four elderly people, we continue to appeal is currently the only option. "I hope that perhaps only a trace of it." Shen new south stand son, daughter empty room said.
 
Beijing News reporter Shao Shiwei Yixing reports
 
(Original title: loss of independence for the elderly,http://kubikino.ne.jp/cgi-def/admin/C-002/sekikawa/visit/main.pl?PAGE_N,nike air max 90, "blood" battle)
 (Edit: SN077)
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