Legal Protection of Divorce of IVF
The wide application of IVF technology has become the hope of many infertile couples. However, once a child is acquired through IVF technology, it is not always predictable whether the marriage between husband and wife will last. Divorce is still a possible choice for IVF families. However, does IVF divorce have legal protection? This article will elaborate on this issue from four aspects: rights protection, child rearing, property distribution and guardianship.
Protection of rights and interests
The most basic problem of IVF divorce is how to protect the rights and interests of both parties. According to the Chinese Marriage Law, children acquired through natural pregnancy or IVF have equal rights and interests. Therefore, when IVF families divorce, the legal provisions on the custody and maintenance of children are no different from those of other families. Divorced parents still need to reach an agreement on the custody of their children, determine their parents' custody obligations and authority, and pay reasonable maintenance fees.
In addition, according to the Measures for the Handling of Medical Disputes, parents can safeguard the legitimate rights and interests of their children in accordance with the law if a mistake or medical accident occurs in the process of IVF and causes damage to their children's health. They can seek compensation and protect their own and children's rights and interests by filing, applying for mediation or filing a civil lawsuit with relevant medical institutions.
Child support
After divorce, the raising of children has become an important issue. In the case of IVF family divorce, the law also emphasizes protecting the best interests of children, similar to other family divorces. Divorced parents need to jointly discuss and determine the custody rights and maintenance fees of their children. Both parties can negotiate to formulate a support plan and submit it to the court for review. The court will make a fair and reasonable judgment according to the needs of the children and the economic situation of the parents.
For the special case of IVF divorce, considering the special status of IVF in the marriage relationship, the family court may pay more attention to the interests of children. The judge may decide the custody of the child at his discretion to ensure that the child is properly cared for and raised after divorce.
Property distribution
When IVF families divorce, property distribution is also an important issue to consider. According to the Chinese Marriage Law, the joint property of husband and wife should be equally divided at the time of divorce. There is nothing special about divorce of test tube baby couples, and the same principle applies. Both parties can negotiate to formulate a property division plan, and conduct a fair and reasonable division under the supervision of the civil affairs department.
However, if the mother of IVF bears the costs and risks of IVF in her marriage, the court may consider these factors as appropriate and give appropriate compensation to protect her rights and interests.
Custody
The issue of custody of IVF families after divorce is similar to that of other families. According to China's Marriage Law, both parents have the same custody. If the couple cannot reach an agreement, the court will make a decision based on the best interests of the child.
However, due to the particularity of IVF, the family court may pay more attention to the health and development of the child when judging custody. Considering the biological connection between the child and the test tube baby husband and wife, the court may be inclined to maintain the custody of the child by both parties to ensure the psychological and emotional stability of the child in the change of family relationship.
summary
IVF divorce does have legal protection. The law clearly stipulates that the rights and interests of IVF are equal to those of other children in divorce, and guarantees the parental custody, property distribution and guardianship rights. Although there may be some special circumstances in IVF divorce, the judge will always be guided by the best interests and protect the rights and interests of children and both parties.
