Court Recognizes IVF Child's Right to Survivor Benefits After Father's Work-Related Death

A significant case in Huai'an, East China's Jiangsu Province, recently concluded with a court's decision to grant survivor benefits to a child born from a frozen embryo after the father's work-related accident. The court recognized the child, referred to as Xiao Kai (a pseudonym), as a dependent of the deceased worker, mandating the social insurance center to pay monthly benefits until the child reaches adulthood.

The context surrounding this case began in November 2019 when Chen and his wife Guo struggled with infertility and decided to undergo assisted reproductive treatments, resulting in the freezing of several embryos. Tragically, Chen died in an accident before the couple could proceed with the transfer of one of the embryos. After his passing, Guo chose to implant one of the frozen embryos, leading to the birth of Xiao Kai in January 2021. Despite filing an application for survivor benefits on behalf of her son, the social insurance center initially declined, citing that Xiao Kai was not classified as a "posthumous child" at the time of Chen's death.

Legal proceedings ensued, as Guo contested the center's refusal, arguing that a biological and legal father-son relationship existed between Chen and Xiao Kai, due to their shared intent regarding the embryo transfer. The social insurance center upheld its stance, asserting that existing legislation did not explicitly provide for benefits to children born posthumously from such embryos.

Ultimately, the court found that the rights of minors, particularly concerning their survival and development, must be protected without discrimination based on the method of conception. It ruled that Xiao Kai, born from the embryo transfer, should be considered a dependent in the same way as a naturally conceived posthumous child, given that he relied on his father's financial support which was interrupted by the tragedy.

In its decision, the court mandated the social insurance center to pay over 60,000 yuan in survivor's benefits retroactively and continued support aligned with regulations until Xiao Kai turns 18. The presiding judge highlighted the absence of explicit legal provisions for such cases but emphasized that the ruling was in line with the legislative intention of providing economic stability for families impacted by work-related injuries.

The judgment also noted that denying Xiao Kai benefits based on the timing of his conception would amount to discrimination against children born through assisted reproductive technologies. Liu Feiran, the deputy chief judge, stated that Guo's decision to proceed with the embryo transfer after her husband's death demonstrated respect for life and fulfilled the couple’s shared aspirations, reinforcing the need to uphold legal relationships between parents and their children under any circumstances.