Chinese woman loses final appeal in fight to freeze her eggs | China

A Chinese woman who filed a landmark lawsuit seeking the right to freeze her eggs has lost her final appeal, exhausting all legal options in her fight for wider access to fertility treatments in China.

Beijing's No. 3 Intermediate People's Court ruled that Xu Zaozao's rights were not violated when Beijing Obstetrics and Gynecology Hospital refused to freeze her eggs in 2018. Chinese regulations dictate that assisted reproductive technology is reserved only for married couples with fertility problems. Xu, now 36, said the doctor instead gave her friendly advice: Hurry up, get married and have children now.

Instead, she sued the hospital, arguing that the denial of treatment violated her basic rights. On August 6, nearly five years after she filed her first lawsuit, she lost her final appeal.

“Regardless of the outcome, I am proud of what we have achieved together,” Xu said in a video posted on social media last week.

Xu's case has attracted widespread attention. Her lawsuit was the first of its kind in China, and many see her as a feminist pioneer in a country that has closed off legal aid in recent years.

The lawsuit comes at a time when China's birth rate is falling rapidly and the government is offering various incentives for women and families to have more children. Several provinces have begun subsidizing IVF treatments for couples through basic medical insurance, and the government has promised to increase the number of IVF facilities across the country.

So far, however, the incentives are limited to heterosexual, married couples. And some argue that the rules for freezing gametes are sexist: There are no restrictions on men freezing their sperm. Many single women in China spend tens of thousands of dollars to travel abroad and have their eggs frozen.

“Although the authorities want to encourage women to have more children, they also promote the concept of a nuclear family – married couples with children – as the foundation of society because they believe it supports social stability,” says Lijia Zhang, a writer who studies women in China.

Last week's court ruling left open the possibility of a different outcome in the future. “As China's birth policy continues to adjust, relevant medical and health laws and regulations may also change accordingly. If the conditions are met, Xu and the relevant medical institutions can settle the relevant disputes separately,” the ruling said.

In her video, Xu said she has not given up her fight. “The loss in the second trial is not the end of the story. I will continue to monitor the issue of single women's rights to freeze their eggs and seek advice from a variety of professionals, including academics and lawyers, to proactively develop a strategy for the next step.”

Additional research by Chi Hui Lin