China continues to ban egg freezing for single women

A Beijing court has ruled that a woman's rights were not violated after a hospital refused to freeze her eggs because she is not married, ending a six-year legal battle.

The ruling, issued by the Chaoyang Intermediate People's Court upheld a decision issued in 2022 that the Beijing Obstetrics and Gynaecology Hospital did not violate Teresa Xu's rights after it denied her access to egg freezing services. The ruling supports the country's ban on single women accessing fertility services, at the same time that China is trying to address the issue of declining population.

In a livestream video that was later posted to her social media account, Xu discussed the court's decision and said 'I was mentally prepared for it', according to the New York Times. 'This result wasn't all that unexpected.'

Xu had appealed against the court's ruling that the hospital had not infringed her rights after refusing to freeze her eggs because she was a single woman and could not produce a marriage certificate (see BioNews 1189). The ruling reiterated that egg freezing treatment was only available to women who cannot fall pregnant naturally due to the health risks associated with treatment.

Xu had first sought treatment at the hospital in 2018 but was denied the opportunity to freeze her eggs after a consultation with a doctor. Though she considered other options such as egg freezing abroad, high costs prevented her from pursuing these and instead she initiated court proceedings. According to the Independent, Xu knew she had a low chance of succeeding but wanted to pursue the case because of the desire to change the situation facing single women in China.

In the latest judgment, the court said that the hospital's decision to refuse Xu access to egg freezing services was 'consistent with laws and regulations as well as common sense,' but noted that 'as [China's] policy on births is adjusted, relevant medical and health laws, regulations, diagnosis and treatment standards and medical ethics standards may also change accordingly,' suggesting that China's fertility policy may change in the future.

Xu has vowed to continue challenging China's stance on reproductive rights for single women. According to the New York Times, she said in her video that the ruling was 'not the end' and that she would 'actively formulate the next strategy,' adding 'we have a long road ahead of us'.