The woman, surnamed Zhu from Wuxi, Jiangsu Province, married her husband, surnamed Tang, in 2006 and have an 18-year-old daughter.
Zhu was diagnosed with lung cancer in 2019. In October last year, she discovered that her husband had created embryos with another woman.
The case was heard in Shanghai on July 30. Zhu sought the destruction of the embryos, 100,000 yuan (US$14,700) for emotional damages from Zhongshan Hospital affiliated with Fudan University and a public apology from her husband’s alleged mistress.
However, moments before the court issued its verdict, Zhu received a summons from another local court informing her that her husband had filed for divorce. Zhu said she would not agree to the divorce until the embryos were destroyed.
Tang told media on August 5 that he had formally applied to the hospital to have the embryos destroyed. His lawyer, surnamed Ruan, later confirmed the embryos had been destroyed.
The case drew widespread attention. Li Ningwei, a family lawyer and chairman of the Oriental Family Mediation Center in Shanghai, said on TV program News Workshop that Tang and the other woman had violated assisted reproductive technology regulations by allegedly using forged marriage certificates.
However, Li said this does not necessarily mean the embryos can be destroyed. He said the prevailing view in judicial rulings is that embryos are special entities and that the biological parents have the right to decide their disposition.
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