The Civil Code around us | Is IVF guaranteed to successfully select the gender? Judge: Don’t step into these traps!
2024-08-07
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"IVF is guaranteed to be successful" and "You can choose the baby's gender"... These unrealistic boasts have caused couples who are eager to have a child to get into trouble because of "trying all kinds of treatments in desperation". Recently, Jiulongpo Court heard this contract dispute case caused by IVF, determined the contract to be invalid according to law, and mediated to facilitate the defendant Wang to return 50,000 yuan.
Xiaohua and Amin have been married for many years, but they still have no children. After discussion, they came to a hospital in Chongqing, hoping to conceive through in vitro fertilization. However, due to Amin's abnormal chromosomes, the doctor told them that the success rate of in vitro fertilization was low.
Just as the couple was walking out of the hospital disappointed, they were approached by a person who said her surname was Wang and she was a customer service manager at a health consulting company. The company could provide third-generation IVF services, which not only guaranteed success but also allowed the choice of the baby's gender.
The couple was eager to have a child, so they followed Wang to the company's reception center and signed an agreement with Wang, agreeing that the company would provide the couple with in vitro fertilization services for a total cost of more than 130,000 yuan, to be paid according to the progress of the transplant.
The couple paid 88,000 yuan and started the first transplant. But after the transplant failed, Wang refused the couple's request for another transplant. The two sides had a conflict. Later, because a health consulting company had been deregistered, the couple sued Wang in court, requesting a refund of the fees and compensation for losses of more than 100,000 yuan.
After trial, the Jiulongpo Court held that in vitro fertilization is the implementation of human assisted reproductive technology. The defendant Wang does not have the technology and equipment suitable for the development of human assisted reproductive technology, and the contract in question violates the mandatory provisions of the law and is an invalid contract. After the contract is invalid, the property obtained under the contract shall be returned; if it cannot be returned or there is no need to return it, it shall be compensated at a discount. The party at fault shall compensate the other party for the losses suffered as a result. If both parties are at fault, they shall each bear corresponding responsibilities. The second plaintiff, as a person with full civil capacity, knew that the defendant's in vitro fertilization was an informal channel, but still chose to sign an agreement with him. Both parties are at fault for the invalidity of the contract in the case.
Finally, through mediation, both parties voluntarily reached an agreement, and the defendant returned 50,000 yuan to the plaintiff and fulfilled the obligation in court.
Judge's opinion>>>
It is recommended to go to a regular hospital for IVF, and do not easily believe in promises such as guaranteed success and optional gender. In addition, because the third-generation IVF technology can detect gender, my country has very strict restrictions on couples who apply to use the third-generation IVF technology. Only a very small number of couples (such as those with genetic diseases, chromosomal abnormalities, etc.) meet the standards. Under normal circumstances, couples cannot do third-generation IVF in China. Any organization or individual who promises to use the third-generation IVF technology at will is illegal and violates regulations. The IVF services they provide illegally must lack corresponding guarantees. Couples who are preparing for pregnancy should not step into the trap.
