Source: Key points of case judgment from "Gazette of the PRC Supreme People's Court" Volume 2022
Case Judgment Opinion Summary: The husband and wife signed a medical service contract of "in vitro fertilization and embryo transfer" with the medical institution and have completed the contract of egg retrieval and embryo culture. Before the official embryo transfer, the husband died and did not refuse to perform the contract to the medical institution. The wife asked the medical institution to continue to perform the obligation of embryo transfer, which is not only the reflection of the true intention of the parties, but also has the content to be performed, And it does not violate laws and regulations, public order and good customs. Medical institutions should continue to perform the medical service contract.
Widow women continue to give birth to children with the embryos obtained by their spouses through the implementation of human assisted reproductive technology under the condition that they comply with the relevant national population and family planning laws and regulations, which is different from the single women in the original Ministry of Health's implementation of human assisted reproductive technology standards, and does not violate the principle of social interests. The hospital shall not, based on the administrative provisions of the department rules, oppose the legitimate reproductive rights enjoyed by the party concerned based on the law.