Xiao Chen and his wife are both in their 30s, and they became pregnant at the urging of their parents. Xiao Chen had a big quarrel with his wife when he found out, and Xiao Chen's parents were so angry when they found out. Xiao Chen believes that his wife violated his reproductive rights without consulting with him, and asked for a divorce from his wife and compensation for his mental damages.
1. Does the wife's unilateral termination of pregnancy violate the husband's reproductive rights?
According to the Law of the People's Republic of China on the Protection of Women's Rights and Interests, women have the right to give birth and the freedom not to have children. In our country, the fetus in the mother's body can only be regarded as a part of the mother's body, and cannot be regarded as a citizen with rights. Wives have the right to dispose of parts of their bodies. Women's reproductive rights belong to women's personal rights, and women also have the right to make reproductive decisions. Therefore, the wife does not infringe on her husband's reproductive rights without permission.
The conditions for the realization of reproductive rights for men and women are different, and the reproductive rights of men can only depend on their legal spouses. Secondly, childbearing is not the only purpose of marriage, and the wife is not a tool for childbearing, and the birth of children requires the husband and wife to reach a unified idea. Therefore, the wife does not need to compensate her husband for the termination of the pregnancy.
2. The man shall not file for divorce during the woman's pregnancy, within one year after childbirth, or within six months after the termination of pregnancy. This restriction does not apply if the woman files for divorce, or if the people's court finds it truly necessary to accept the husband's request for divorce.
If one party is likely to endanger the life or personal safety of the other party during the marriage, or if the woman's pregnancy is caused by an extramarital affair, the court will generally accept it.
However, Xiao Chen's argument that the woman's private ** and the breakdown of the relationship between the husband and wife were not within the scope of the "really necessary" lawsuit, so Xiao Chen's lawsuit was dismissed. If the husband still wants to divorce, he can continue to appeal.
3. The wife has the right to decide to give birth to the child, and the husband has no right to prevent the wife from giving birth to the child, and the husband must fulfill the obligation to support the child after the child is born.
How is male reproductive rights reflected? Here's an example.
Xiaomei, a single woman, has a crush on a handsome male college student at Peking University, pursues a boy to no avail, and then knocks the boy out with a stick to implement**. Then Xiaomei became pregnant, gave birth to the child despite the boy's objections, and asked the child to be called the boy's father. This is called undermining the man's reproductive rights, but the boy still has to raise the child.