In China, a controversy has arisen after a woman used a frozen embryo to have her deceased lover’s child and then demanded inheritance rights from his legal wife.
According to the South China Morning Post (SCMP), in January 2021, a man identified as Mr. Yuan died in a traffic accident in Guangdong Province, China. Following his death, a woman identified as Ms. Ling, who claimed to be in an extramarital relationship with Yuan, initiated a lawsuit against his wife for a share of the estate. Ling alleged that before Yuan’s death, several of his sperm-fertilized eggs were frozen at a private hospital, and she gave birth to a son in December 2021. In August 2023, Ling sued Yuan’s wife, claiming that her son was entitled to inherit part of his deceased father’s estate, including real estate and company shares. She also argued that they should share his death insurance payout.
However, the local court ruled that “the act of artificial fertilization or embryo implantation without the consent of the family after Mr. Yuan’s death is contrary to public order and cannot be legally protected.” The court also determined that Ms. Ling could not prove that Mr. Yuan fertilized the frozen eggs or that she had permission to use his sperm and dismissed her lawsuit.