In December of that year, his extramarital lover, surnamed Ling, gave birth to a son, Xiaowen, after using an embryo that had been previously fertilized and frozen at a private clinic.
Ling claims that the embryo used in the procedure had been created from sperm and eggs collected from Wen and herself before his death, as per A woman surnamed Ling filed a lawsuit demanding the inheritance rights of a baby she allegedly had using her deceased lover’s spermwith the Qingcheng court, demanding that Wen’s wife share Wen’s life insurance, property, and company equity shares with Xiaowen.
The court dismissed Ling’s claim, establishing that Ling failed to prove that the frozen eggs were fertilized by Wen or provide conclusive evidence that the man had given her permission to use his sperm.Wen’s wife was reportedly unaware that Ling had given birth to her son by embryo transfer surgery.
The court ruled against Ling, citing she could not provide conclusive evidence that her lover had fertilized the eggs or that the man had given her permission to use his spermcan be done using a couple’s own eggs and sperm. Alternatively, it can involve eggs, sperm, or embryos from a known or unknown donor. In other cases, people may choose to have aWhile the Civil Code enacted in 2021 recognizes the inheritance rights of fetuses, it does not explicitly mention frozen embryos.