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去世夫妻存冷凍胚胎,父母海外找代孕“留後”

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After a long legal battle in China with no known precedent, a surrogate mother has given birth to a boy four years after his parents died in a car crash, a local Newspaper has reported.

去世夫妻存冷凍胚胎,父母海外找代孕“留後”
據當地一家報紙報道,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。

Shen Jie and Liu Xi, a couple in the eastern Chinese city of Yixing, tried without success to conceive in the first two years of their marriage. They decided to pursue in vitro fertilization, but on March 20, 2013, five days before the embryos were to be implanted, they were killed in a car crash, Beijing News reported on Tuesday in an article detailing the court battle that followed.

在中國東部城市宜興,沈傑和劉曦夫婦在結婚後的頭兩年裏一直沒能懷孕。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》週二在一篇報道中描述了隨後發生的法庭鬥爭。

The husband and wife were both only children, and the couple’s parents resolved to use surrogacy to continue the family line. Surrogacy is illegal in China, and the first obstacle for the families was obtaining the embryos.

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。

(Read about how surrogacy has been growing in China because of rising infertility, a relaxation of the one-child policy and a cultural imperative to have children.)

(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。)

The parents of the dead couple repeatedly visited the hospital in Nanjing where the frozen embryos were stored, but senior hospital officials repeatedly refused to meet with them. So the parents tried a new strategy, and one pair sued the other.

去世夫妻的父母多次前往南京一家醫院,那裏存放着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。

“The risk of suing the hospital was too great,” Shen Xinnian, the father of Mr. Shen, told the newspaper.

“起訴醫院的風險太大了,”沈傑的父親沈新南對該報說。

While the first court rejected the suit, a second ruled in their favor. “The only carrier of the two families’ blood lines carries the burden of their grieving memories and consolation,” the Wuxi People’s Intermediate Court said.

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,承載着哀思寄託、精神慰藉、情感撫慰”的重擔,無錫市中級人民法院的判決說。

Hospitals are not permitted to transfer embryos to individuals, so the families found a surrogacy agency that works with a hospital in Laos. In December 2016, the surrogacy agency received the embryos, which it drove to Laos in early 2017.

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老撾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年初將其送往老撾。

A 27-year-old Laotian was chosen as the surrogate, and doctors at a hospital in Laos implanted two of the embryos. Before the child was born, the surrogate was taken to China on a tourist visa. The boy was born on Dec. 9, 2017, in Guangzhou.

一位27歲的老撾人被選作代孕母親,老撾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。

Hu Xingxian, his maternal grandmother, gave him the name Tiantian, or Sweet Sweet.

他的外祖母胡杏仙給他起名“甜甜”。

“His eyes look like my daughter’s,” Ms. Hu told Beijing News. “But he looks more like his father.”

“眼睛像我女兒,但還是像他爸爸多一點,”胡杏仙對《新京報》說。