Law of your courtyard look forward to (civilian) (1991) 43 " the ask for instructions that how the legal position of test-tube place unripe children after divorcing about husband and wife decides reports " receive all.

Classics research, we think, during spouse concern puts add, both sides agrees consistently to enter pedestrian labour insemination, what give birth to children to should regard husband and wife as bilateral children born in wedlock, right obligation relation is applicable between parental children " marriage law " concerned regulation.

[Zhang Ming] add: The way of look forward to of ask for instructions that how the legal position of test-tube place unripe children after Heibei saves senior people court to divorce about husband and wife decides (civilian) 〔 1991 〕 43
Top people court:

Court of people of 3 rivers county accepted city of my province Langfang king × × (female, 28 years old, the Han nationality) appeal to poplar × × (male, 31 years old, the Han nationality) divorce one case, poplar × × and introduction of person of classics of king × × marry at was being registered in December 1987, marriage hind was not borne one many year, via Tianjin city examination of place of family planning instructor affirms the man contracts the disease that do not have essence of life, classics both sides talks things over, wang Yu executed operation of artificial be fertilized in Feburary 1989, of the same age is unripe in November one female Yang Qian, because of husband and wife life bagatelle produces brawl to fight for many times after, cause emotional aggravation, king × × comes at appealing to in April 1990 court, requirement and poplar × × divorces, both sides agrees to divorce, but all contend for raise a child, langfang town intermediate court of justice gives birth to legal position of children to send the business to see difference to place of artificial be fertilized, ask for instructions my courtyard, a kind of opinion thinks the child should be sentenced put in the man 's charge to bring up, because the man does not have fecundity; Another kind of opinion thinks the child should be sentenced put in the woman 's charge to bring up, because this child and man do not have kin.

My courtyard thinks, this case both sides contends for raised child poplar × , because the man does not have fecundity,be, place of artificial be fertilized is strange below the circumstance that agrees consistently in both sides, should treat legitimate children, illative the unripe father that affirms the man is the child, after husband and wife divorces, according to the concerned regulation of marriage law both sides has the obligation that raises educational children. Consequently applicable also supreme court " implement civil policy about carrying out the opinion of a certain number of problems " in the 22nd regulation, in view of the Yang Qian in this case the age is still small, and all the time therewith mother lives, from be helpful for filial growing consideration, should it is advisable that adjudicative poplar × lives together with the woman, but law of this kind of problem still does not have a regulation, special ask for instructions, invite answer.
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