Chinese court upholds ruling against unmarried woman who sued hospital for right to freeze her eggs

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Andrew Feinberg

White House Correspondent

A court in Beijing has ruled against an unmarried Chinese woman's right to freeze her eggs, ending a fight for reproductive services that lasted six years and drew national attention.

The Chaoyang Intermediate People’s Court on Tuesday upheld the ruling that a hospital did not violate Teresa Xu's rights when it denied her access to egg freezing services.

The 36-year-old Xu announced the judgement Wednesday. “This isn’t outside of my expectations," she said to those watching a livestream. "All these years, we finally have an end, and an answer.”

Xu first went to the hospital as a 30-year old in 2018, asking if she could freeze her eggs. She had an initial consult but was told she could not have the procedure after the doctor found out she was not married.

In China, hospital regulations require that a woman be married to freeze her eggs.

"The doctor kept on trying to persuade me, ‘You should have a child now,’" Xu said in 2019. “She said, 'Your career can develop at any time, but it's harder to have a child later on.'”

The doctor was kind, she said, but the experience left her angry. "I was looking for a professional service, but got this life advice instead.”

Xu had looked into alternative routes, such as egg freezing abroad, but found the cost too high. Meanwhile, it took multiple attempts to get the court to accept her case in 2019. The process was delayed during the pandemic.

The Chaoyang Intermediate People’s Court in 2022 said in a judgment that the hospital did not violate her rights in denying her access to freeze her eggs. Xu decided to appeal.

Xu said she knew she had a low chance of success but wanted to pursue it because of the potential societal impact.

She noted that the judgement had positive language despite its verdict: “As our country’s policy on births is adjusted, relevant medical and health laws, regulations, diagnosis and treatment standards and medical ethics standards may also change accordingly."