How to judge the ownership of IVF divorce?
The development of IVF technology has enabled many infertile couples to realize their reproductive dreams, but when they face divorce, the ownership of IVF has become a complex problem. When judging the divorce attribution of IVF, we can comprehensively consider the legal provisions, marital relationship, parent-child identification and court decisions.
legal provisions
Legal provisions are an important basis for judging the ownership of IVF divorce. According to the relevant provisions of the General Principles of the Civil Law of China, parents share the right of custody and custody of the children born during the marriage relationship. At the time of divorce, if both parties reach an agreement, they can negotiate to determine the specific ownership of the children. If consensus cannot be reached, the court will determine the ownership of the child through a judgment. In addition, in the divorce agreement, the custody and guardianship of test tube babies can be clearly agreed to reduce disputes.
However, it should be noted that the legal provisions do not clearly stipulate the attribution of IVF, so other factors should be considered comprehensively when judging the attribution of divorce.
Marital relationship
Marital relationship is one of the key factors to judge the ownership of IVF divorce. If the test tube baby was born by both parties through joint efforts during the marriage relationship, both parties shall enjoy the custody and custody rights according to the law. At the time of divorce, the court will give priority to maintaining the parent-child relationship between the child and the parents of both parties, and try to protect the joint responsibilities and rights of both parties for IVF.
However, if IVF babies are given birth unilaterally by means of offsite pregnancy assistance, the judgment of attribution will be more complicated. The court will comprehensively consider the economic conditions, living conditions, care for children and their ability to support the children of both parties to protect the interests of the children to the greatest extent.
Paternity test
The paternity test is one of the scientific bases to judge the ownership of IVF divorce. If the biological parents of test tube babies are husband and wife, the parent-child relationship is clear, and parent-child identification is not required. However, if IVF babies are born through surrogacy and other methods, in order to determine the parent-child relationship, it can be verified through parent-child identification.
The paternity test is carried out in a formal hospital or testing center, and the authenticity of the parent-child relationship is confirmed by comparing DNA samples. If the results of the paternity test prove that both parties are the biological parents of the test tube baby, then the issue of the ownership of divorce at this time can be resolved according to the wishes of both parties and legal provisions.
Court judgment
The court's decision is the authoritative basis for the final decision on the ownership of IVF divorce. If both parties fail to reach an agreement in the divorce process, the court will hear the case and issue a divorce judgment based on comprehensive consideration of both parties' conditions. When judging the ownership of test tube babies, the court will give priority to protecting the rights and welfare of children and strive to maintain the parent-child relationship between children and their parents.
In the process of judgment, the court usually listens to the opinions of relevant experts, such as children's psychological experts, social workers, etc., to provide scientific and objective opinions and ensure that the judgment results are in the best interests of the children.
Summary
When judging the ownership of IVF divorce, legal provisions, marital relationship, paternity test and court decisions are all factors that need to be considered comprehensively. Under the guidance of law, the divorce parties should take the interests of their children as the starting point, and solve the problem of ownership through consultation, mediation and other ways.
At the same time, relevant departments and all sectors of society should also strengthen the research on relevant legislation and policies, improve the legal provisions on the ownership of IVF divorce, so as to better protect the rights and welfare of children and ensure their healthy growth.
