Widow granted custody of surrogate twins
Print Edition
A 40-year-old widow who lost custody of the 5-year-old twins who were born to a surrogate mother impregnated with her late husband's sperm has been granted legal guardianship on appeal, Shanghai No. 1 Intermediate People’s Court said yesterday.
The case has attracted widespread public attention because surrogacy was banned by the Ministry of Health in 2001, but it has continued underground.
Since the widow, surnamed Chen, who has been caring for the twins since they were born, did not provide the egg, her late husband’s parents argued that she is not the biological mother and filed a lawsuit demanding custody.
According to the court, Chen, who is unable to have children, found an organization that helped her and her husband Luo arrange for a surrogate. The twins were born in 2011 and turned over to the couple. However, Luo died of pancreatic cancer in 2014, and his parents decided to seek custody.
Chen burst into tears after the appeal court ruling was announced and hugged her lawyer. She said: ”My children have their mother!"
The court said being raised by Chen would be more conducive to their healthy development than being brought up by their elderly grandparents.
“She raised her husband’s kids, who were born out of wedlock, and expressed a strong will to be the twins’ own mother,” said Hou Weiqing, the presiding judge.
“Taking this into consideration, we believe Chen and the two children have a relationship of stepmother and stepchildren.”
The judge granted the grandparents visiting rights, the details of which will be negotiated.
The court said that while surrogacy is illegal, the children are innocent and their rights should be protected.
It added that whether a child is born in or out of wedlock, delivered in a normal way or by surrogacy, his or her rights must be protected.
The United Nations Convention on the Rights of the Child requires that states act in the best interests of the child.
In this case, considering factors such as the guardian’s ability to take care of the children, the twins’ emotional needs, as well as the family structure, the court concluded that Chen was better suited for the twins.
- About Us
- |
- Terms of Use
- |
-
RSS - |
- Privacy Policy
- |
- Contact Us
- |
- Shanghai Call Center: 962288
- |
- Tip-off hotline: 52920043
- 沪ICP证：沪ICP备05050403号-1
- |
- 互联网新闻信息服务许可证：31120180004
- |
- 网络视听许可证：0909346
- |
- 广播电视节目制作许可证：沪字第354号
- |
- 增值电信业务经营许可证：沪B2-20120012
Copyright © 1999- Shanghai Daily. All rights reserved.Preferably viewed with Internet Explorer 8 or newer browsers.
