Treatment of IVF Divorce
With the development of IVF technology, many infertile couples have realized their desire to have children. However, with the rising divorce rate, some parents of IVF find that they need to face problems different from the traditional birth methods. How to deal with the divorce of IVF? This article will elaborate on the protection of patients' rights and interests, the distribution of custody rights, the change of reproductive rights and the role of hospitals.
Protection of patients' rights and interests
In the case of IVF divorce, it is very important to protect the rights and interests of patients. First of all, divorced couples need to understand the agreements they signed in the process of IVF, including medical authorization, legal liability, etc. These agreements stipulate the rights and responsibilities of both parties after divorce. Secondly, relevant medical institutions need to clearly define the right to know, the right to privacy and the mechanism for handling sensitive information of both parties after divorce. At present, some well-known domestic hospitals, such as Peking Union Medical College Hospital and Shanghai Fudan University Affiliated Pediatric Hospital, have made clear provisions in this regard.
In addition, the property rights of patients also need to be protected. The divorce parties should evaluate and indicate the sources of property they use in IVF treatment, such as personal savings, real estate or other assets. In the division of material property, the law needs to clearly define the ownership of funds used for IVF treatment. Relevant hospitals shall provide necessary support and assistance when assisting both parties to deal with property problems.
Most importantly, the hospital needs to establish a complete set of relevant guidance measures to provide consultation and legal aid services for IVF patients. By providing professional counseling and support, patients can better solve problems related to divorce and protect their legitimate rights and interests.
Custody distribution
After divorce, the distribution of parental custody of IVF is a sensitive and complex issue. According to relevant national laws, divorced couples need to determine the guardians of IVF through court decisions. However, in IVF divorce cases, the judge needs to consider the particularity of IVF when making decisions.
First of all, the court may recommend that the divorce parties share custody and formulate specific custody agreements. This means that IVF babies need to keep close contact with two parents and accept the care and care of both sides. All routine affairs and maintenance costs related to IVF shall also be borne by both parties.
Secondly, if the court considers that joint guardianship is not in the best interests of the child, it may decide that one of them is an independent guardian. In this case, the hospital needs to make a comprehensive assessment of the divorced couple, including the parent-child relationship with IVF, family environment and educational ability. By understanding the situation of each divorced parent, the hospital can provide professional opinions and suggestions for the court to help the judge make a wise decision.
Regardless of the court's decision, the hospital should ensure that the legitimate rights and interests of both parents are protected in the IVF divorce case, and also pay attention to the best interests of IVF.
Change of reproductive rights
In IVF divorce cases, the right to bear is usually one of the key issues. Under the guidance of the law, divorced couples need to reconsider their reproductive rights and responsibilities.
First of all, the court may terminate the original birth agreement or relevant agreements according to the patient's willingness and the willingness of both parties. The particularity of IVF technology means that divorced couples need to redefine their birth plans. At this time, the hospital can assist both parties to sort out relevant matters, provide consulting services, and help them reassess the possibility and risk of childbirth.
Secondly, if the reproductive rights are transferred from one party to the other, the hospital needs to provide necessary assistance and guidance. From the legal point of view, reproductive rights should be agreed by both parties through consultation and follow legal procedures. The hospital may need to provide relevant medical certificates and documents to ensure that the process of birth transfer is legal and safe.
In the process of changing the reproductive right, the role of the hospital is to guide both parties to understand the feasibility and consequences of various choices, and to safeguard the rights and legitimate rights of IVF.
Hospital role
In IVF divorce cases, hospitals, as participants, play a key role and bear certain responsibilities and obligations. First, the hospital needs to provide necessary legal and ethical guidance to divorced couples to help them understand relevant procedures and precautions.
Secondly, hospitals should set up special social work institutions or consulting services to provide professional consultation and guidance for IVF divorce cases. These services include legal aid, psychological counseling, family counseling, etc. The hospital can cooperate with relevant professional institutions to provide all-round support and help to help divorced couples solve their problems.
Finally, the hospital needs to establish relevant internal systems and regulations to clarify the handling procedures and responsibilities of IVF divorce cases. This includes consultation before IVF surgery, tracking management after surgery, and signing of supplementary agreements. These measures of the hospital help to protect the rights and interests of patients and prevent disputes.
Summary
IVF divorce is more and more common in real life. Divorced couples need to face many special problems. In order to protect the rights and interests of patients, hospitals should provide legal aid and guidance to ensure that divorced couples understand relevant agreements and the right to know. The distribution of guardianship needs to be judged according to the best interests of the child, and the hospital plays the role of persuading and promoting negotiation. The process of changing the reproductive right requires the hospital to provide assistance and guidance to ensure that the procedure is legal and safe. Finally, the role of the hospital is to provide a full range of professional support and help for divorced couples to deal with problems related to IVF divorce.
