The trial of IVF divorce cases
The birth of IVF has brought good news to many couples, but it has also triggered a series of legal issues. One of the important issues is how to judge the custody, custody and property inheritance rights of test tube babies when test tube couples divorce. This article will discuss the trial of IVF divorce cases from the perspective of law, psychology and practice.
1、 Legal perspective
1. Legal status of IVF
The way in which IVF is produced is different from that in natural pregnancy, which also leads to the discussion on the legal status of IVF. According to relevant laws and regulations, IVF and natural pregnancy children enjoy the same rights and status in law, without any difference. Therefore, in divorce cases, the rights and interests of IVF should be fully protected.
2. Judgment standard of custody
In IVF divorce cases, the standard of custody judgment should be consistent with other divorce cases, that is, the best interests of children should be the core consideration. The law stipulates that for children who have not reached the legal age, the custody right should be obtained by the party who has the ability of guardianship and good living conditions. Therefore, the judge needs to consider such factors as the economic capacity, upbringing ability and the degree of care for children of each family member in order to judge the custody right.
3. Distribution of guardianship
Unlike custody, custody refers to the right to care for and educate test tube babies in daily life. In divorce cases, if the test tube couple can reach a friendly agreement, they can share the custody right together to ensure that the test tube baby gets the care and care of both parties. If both parties cannot reach an agreement, the judge will make a judgment based on the principle of the best interests of the child.
2、 Psychological perspective
1. Psychological needs of test tube babies
During the growth of IVF, stable family environment and healthy psychological support are needed. Divorce may bring instability and trouble to IVF, so we must pay attention to the psychological needs of IVF. In divorce cases, judges need to pay special attention to the feelings of IVF to minimize the negative effects.
2. The importance of psychological guidance
Psychological counseling is very important for divorced test tube couples and test tube babies. Test tube couples can solve the conflicts and emotional problems between husband and wife with the help of psychological counselors to safeguard the rights and interests of children. At the same time, for IVF babies, psychological counseling can also help them adapt to new family situations and lifestyles.
3、 From the perspective of practice
1. Establishment of court mediation mechanism
In order to better solve IVF divorce cases, a special court mediation mechanism can be established. Through mediation, the judge can guide both test tube couples to reach a friendly agreement, such as joint upbringing, joint custody, etc. This helps to reduce the harm to IVF babies and maintain their physical and mental health.
2. Participation of social support institutions
In IVF divorce cases, the participation of social support institutions is needed to provide help and support for IVF couples and IVF babies. These institutions can provide psychological counseling, legal advice and social resources to help both parties better cope with the challenges brought by divorce.
3. Popularization of family law knowledge
In order to reduce the occurrence of IVF divorce cases, family legal knowledge should be popularized. Before IVF, couples should fully understand relevant laws and regulations, and clarify the rights and responsibilities of both parties. This helps to avoid disputes and disputes caused by unclear laws.
Summary
The trial of IVF divorce cases involves many aspects such as law, psychology and practice. From the legal point of view, IVF and naturally conceived children enjoy the same rights and interests in legal status. From the psychological point of view, it emphasizes the psychological needs of IVF and the importance of psychological counseling. From the perspective of practice, it is necessary to establish relevant mechanisms and provide social support to better solve IVF divorce cases. Through comprehensive efforts in all aspects, we can promote the fair trial of IVF divorce cases and the protection of children's rights and interests.
