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Grandparents fight for embryos of couple who died days before having IVF procedure

By Mason White 11:03 AM May 18, 2014
Baby in womb illustration 

By: Sanvi Rizvi
A couple was looking forward to having their embryos implanted so that they can fulfill their dream of having children.

However, the couple died in a car accident just 4 days before having the procedure.

Claimant Shen of China, who lost his only son and daughter-in-law in the car accident, filed a petition asking the court to order the Nanjing Gulou Hospital, to hand over the frozen embryos to her.

The deceased woman was also an only child to her parents. However, the judge of the Jiangsu Province, rejected the petitions of the grandparents to inherit the four frozen embryos that were left behind by the couple who died in the car accident.

The judge ruled that the embryos obtained through surgery cannot be inherited or transferred, and refused to deliver it to any set of parents.

“The embryos can only be used by the couple to have children and cannot be donated or sold in accordance with Chinese law,” Judge Lu Yaqin said.

Even if the parents were to get the embryos, they cannot implant it in another woman because surrogacy is illegal in China.

Shen said he wants to appeal to a higher court for the embryos and wait for the country to end the ban on surrogacy.