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Case file s972 · Modern estates · 2013
2013
Gulou Hospital 21 2012-11: ​鼓楼医院三期建筑,即其南扩工程,此为北侧庭院。
Gulou Hospital 21 2012-11. 猫猫的日记本. CC BY-SA 3.0, Wikimedia Commons.
Died
20 March 2013
Place
Yixing and Wuxi, Jiangsu, China
Field
private family
Legal tradition
Chinese civil law on frozen embryos; 2001 Ministry of Health rule barring surrogacy by medical institutions · Civil law · Chinese and East Asian law
Historical event
China's 2001 ban on surrogacy by medical institutions

A Chinese couple died in a car crash five days before their embryos were to be implanted, and four years later a surrogate from Laos gave birth to their son

Shen Jie and Liu Xi, from Yixing in Jiangsu, were both only children. In 2012 they began IVF at Nanjing Drum Tower Hospital, and four embryos were frozen. On 20 March 2013, five days before the planned transfer, both died in a road accident. The hospital would not release the embryos. Shen Jie's parents sued Liu Xi's parents. The first court ruled against them: embryos are a special kind of property with the potential for life and cannot be inherited. On 17 September 2014 the Wuxi Intermediate People's Court gave all four grandparents joint custody. It called embryos a transitional form between person and property and weighed the grief of parents who had lost their only children. The hospital would release the embryos only to another medical institution, and no Chinese hospital would take them. In June 2016 Shen's father got approval from a hospital in Laos through an agency; the families paid 300,000 yuan. A 28-year-old Laotian surrogate carried the pregnancy and travelled to Guangzhou. On 9 December 2017 she gave birth to a boy. His grandmother named him Tiantian. His grandfather Shen Xinnan raises him and planned to tell him his parents had gone overseas.

What the law took from it

Couples storing embryos should sign directions for what happens to them if both die.

Record vs. record

The Library of Congress blog says one pair of grandparents sued the other with the hospital as a third party; China Daily's 2018 summary says the four parents sued the hospital:

Sources
  1. blogs.loc.govGovernment record
  2. thedailystar.netPress
  3. chinaservicesinfo.comPress

Cite as: celebrity.estate, “A Chinese couple died in a car crash five days before their embryos were to be implanted, and four years later a surrogate from Laos gave birth to their son,” story s972, https://www.celebrity.estate/a-chinese-couple-died-in-a-2013, updated 30 October 2026.

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