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2023-08-18 本站作者 【 字体:

It is pitiful and unfortunate for a family to have no children due to infertility. Fortunately, through IVF technology, many friends can have their own children through IVF. A family has made a great decision to choose IVF. This couple managed the baby before undergoing in vitro fertilization. At present, some friends are also facing a situation where the couple gave birth to a child through in vitro fertilization, but later due to emotional discord or other reasons, the couple divorced. What happens to children born in vitro after divorce?

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In fact, a normal IVF is the biological child of both spouses, so divorce is like a normal family. Children can be raised by one party. If the child is obtained through sperm or egg supply, it also belongs to the legal child of both spouses. If a divorce occurs, the child will be raised by one party, and even if the child is not biologically related to the other party, one party will need to pay a maintenance fee because when considering in vitro fertilization sperm or egg supply, both parties need to negotiate in order to make this decision because the child is regretted at birth. Even if you get divorced, you should still raise your children together. Therefore, when doing IVF, it is important to consider carefully, especially when sperm supply or egg borrowing is required. Be a serious and responsible parent.

The Reply on How to Determine the Legal Status of Children Undergoing Artificial insemination after Divorce issued by the Supreme People's Court clearly stipulates that during the existence of the marital relationship, both parties agree to undergo artificial insemination, and the children shall be considered as legitimate children of both parties. The relevant provisions of the Marriage Law of the People's Republic of China apply to the rights and obligations between parents and children. Article 36 of the Marriage Law of the People's Republic of China stipulates that the relationship between parents and children shall not be eliminated due to their parents' divorce. After divorce, children are the children of both parents, whether they are directly raised by the parents or the children of both parents; Article 38 stipulates that after divorce, parents who do not directly support their children have the right to visit their children, and the other party has the obligation to assist.

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In law, children are still considered legitimate children of both spouses, and both parents can claim guardianship. Who ultimately raises a child does not mean that whoever has a blood relationship will be raised, but rather based on who is more conducive to the healthy growth of the child.

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