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去世夫妻存冷冻胚胎,父母海外找代孕“留后”

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After a long legal battle in China with no known precedent, a surrogate mother has given birth to a boy four years after his parents died in a car crash, a local newspaper has reported.

去世夫妻存冷冻胚胎,父母海外找代孕“留后”
据当地一家报纸报道,在经历了一场漫长的、没有先例的法律战之后,一位代孕妈妈生下了一名男婴,男婴的父母已在四年前的一场车祸中丧生。

Shen Jie and Liu Xi, a couple in the eastern Chinese city of Yixing, tried without success to conceive in the first two years of their marriage. They decided to pursue in vitro fertilization, but on March 20, 2013, five days before the embryos were to be implanted, they were killed in a car crash, Beijing News reported on Tuesday in an article detailing the court battle that followed.

在中国东部城市宜兴,沈杰和刘曦夫妇在结婚后的头两年里一直没能怀孕。他们决定进行体外受精,但在2013年3月20日,也就是胚胎移植的五天前,他们在一次车祸中身亡。《新京报》周二在一篇报道中描述了随后发生的法庭斗争。

The husband and wife were both only children, and the couple’s parents resolved to use surrogacy to continue the family line. Surrogacy is illegal in China, and the first obstacle for the families was obtaining the embryos.

沈杰和刘曦都是独生子女,他们的父母决定用代孕来延续后代。代孕在中国是非法的,两家人的第一个障碍是获得胚胎。

(Read about how surrogacy has been growing in China because of rising infertility, a relaxation of the one-child policy and a cultural imperative to have children.)

(相关阅读:由于不孕不育、独生子女政策的放宽,以及中国文化要求有后,代孕的情况在中国越来越多。)

The parents of the dead couple repeatedly visited the hospital in Nanjing where the frozen embryos were stored, but senior hospital officials repeatedly refused to meet with them. So the parents tried a new strategy, and one pair sued the other.

去世夫妻的父母多次前往南京一家医院,那里存放着两人留下的冷冻胚胎,但医院的高级官员一再拒绝与他们见面。于是,这四名父母尝试了一个新策略,一家的父母把另一家的告上了法庭。

“The risk of suing the hospital was too great,” Shen Xinnian, the father of Mr. Shen, told the newspaper.

“起诉医院的风险太大了,”沈杰的父亲沈新南对该报说。

While the first court rejected the suit, a second ruled in their favor. “The only carrier of the two families’ blood lines carries the burden of their grieving memories and consolation,” the Wuxi People’s Intermediate Court said.

尽管第一家法院驳回了诉讼,但另一个法院做出了有利于他们的判决。“双方家族血脉的唯一载体,承载着哀思寄托、精神慰藉、情感抚慰”的重担,无锡市中级人民法院的判决说。

Hospitals are not permitted to transfer embryos to individuals, so the families found a surrogacy agency that works with a hospital in Laos. In December 2016, the surrogacy agency received the embryos, which it drove to Laos in early 2017.

医院不允许将胚胎转交给个人,因此,这两家人找到了一个与老挝一家医院有合作的代孕机构。2016年12月,代孕机构获得了胚胎,并于2017年初将其送往老挝。

A 27-year-old Laotian was chosen as the surrogate, and doctors at a hospital in Laos implanted two of the embryos. Before the child was born, the surrogate was taken to China on a tourist visa. The boy was born on Dec. 9, 2017, in Guangzhou.

一位27岁的老挝人被选作代孕母亲,老挝一家医院的医生移植了两个胚胎。在孩子出生之前,代孕母亲持旅游签证被带进中国。这名男婴于2017年12月9日在广州出生。

Hu Xingxian, his maternal grandmother, gave him the name Tiantian, or Sweet Sweet.

他的外祖母胡杏仙给他起名“甜甜”。

“His eyes look like my daughter’s,” Ms. Hu told Beijing News. “But he looks more like his father.”

眼睛像我女儿,但还是像他爸爸多一点,”胡杏仙对《新京报》说。