What’s new: Xu Zaozao, who made headlines as the first Chinese woman to sue a hospital that rejected her request to freeze her eggs due to her marital status, has lost her appeal.
Beijing Third Intermediate People’s Court ruled that Beijing Obstetrics and Gynecology Hospital did not break any laws and thus did not violate Xu’s personal rights, upholding the original verdict, according to a ruling Xu received last week.
The court added that as China’s fertility policies are adjusted, relevant laws and regulations may also undergo changes. “When the conditions are mature, Xu and the relevant medical institution can settle the dispute separately,” the verdict said.
Xu told Caixin that the result was not unexpected, admitting that winning such a case remains challenging under the framework of existing laws and regulations.
The background: In 2019, Xu sued the hospital for denying her request to freeze her eggs the previous year, on the grounds that she was unmarried. Xu argued that the decision violated her reproductive rights. In July 2022, a Beijing district court ruled against Xu, stating that the hospital’s actions were neither illegal nor had it violated Xu’s rights.
During the subsequent appeal hearing held in May 2023, Xu said the understanding of relevant regulations should evolve as the country’s population policies have changed. Some of the rules were issued in the early 2000s, including one that stipulates “the application of human reproductive technology must be for medical purposes.”
The hospital argued that China has not yet established a standard for egg-freezing and preservation practices. It previously said egg-freezing technology was not absolutely safe and poses health risks.
There have been growing calls among the public and the country’s top political consultative body for widening access to egg-freezing technology.
Xu Zaozao is a pseudonym in the story.
Contact reporter Kelly Wang (jingzhewang@caixin.com) and editor Joshua Dummer (joshuadummer@caixin.com)
