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China society
China

Chinese court hears unmarried woman’s case to freeze her eggs

  • Teresa Xu is suing a Beijing hospital that refused her access to reproductive technology in 2019
  • Legal challenge comes as the number of newborns continues to fall

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Teresa Xu holds up cards one of which reads “My Womb, My Choice” before attending a court session in Beijing on Friday. Photo: AP
Associated Press
After almost two years, an unmarried woman suing for the right to freeze her eggs in Beijing is getting her case heard in court on Friday in a rare legal challenge against the country’s restrictions on unmarried women in reproductive health.

Teresa Xu has been waiting since December 2019 for her second hearing at the Chaoyang People’s Court in Beijing. She is suing Beijing Obstetrics and Gynaecology Hospital at Capital Medical University, a public hospital that forbid her from freezing her eggs, citing national law.

Xu’s victory could mark an important step for unmarried women in China who want to access public benefits. Unlike in the United States, though, court judgments in China do not rely on precedent.

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“From 2018 until now, it’s been three years, and my eggs are getting older with me, and the deadline is more and more pressing,” Xu said.

Her case is getting heard after the latest census data showed that population growth was slowing, while the proportion of elderly people was growing. The number of newborns had fallen every year since 2016. National level statistics showed that 12 million babies were born in 2020, down 18 per cent from 14.6 million in 2019.
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Beijing has responded by allowing families to have a third child, and said it will revamp policy to help families who want to have children.
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