In China, a woman loses her egg-freezing case because of her unmarried status

China wants more children, but not any which way. A Chinese woman has lost her case against a Beijing hospital that refused to freeze her eggs, a procedure that allows pregnancy to be postponed. Her wrongdoing? She was not married. Xu Zaozao, now 36, filed a lawsuit against the hospital in 2019 after being denied the procedure.
At the time, doctors had advised her to get married and have children as soon as possible, which is also the position of the Chinese authorities: While more and more single women are interested in the procedure, which allows them more time to start a career or find the right partner, it is for the time being only reserved for married couples suffering from infertility. In France, elective oocyte cryopreservation (egg freezing) has been possible since 2021.
In its ruling, the Beijing No. 3 Intermediate People’s Court found that the hospital had refused “in accordance with laws and regulations, and with common sense.” The ruling puts an end to what had become a long legal proceeding: Xu lost her case at first instance in 2022, before appealing. In a live video session announcing the decision on August 8, the young woman, with her short bleached hair and determined face, promised “not to give up.” She did note, however, that the situation for single women had improved since 2018. “I think it’s going in the right direction. Public opinion has changed quite a bit over the last few years.”
In fact, the decision seems to have opened up the possibility for change: “Should the country’s family and health policies be adjusted, ethical standards could evolve … Ms. Xu could resolve this conflict with the medical institution in question.” Since 2020, the topic has been brought to the table by several Chinese MPs in the National People’s Congress, but the institution, which only meets once a year, only has a consultative role.
Aging population
It is a social evolution in which Xu is hoping to participate, in her own way, since the case has been widely followed, both on social media and by state media. “When I launched this legal action, my lawyer told me from the outset that the chances were low. But I wanted to create an opportunity to talk about this issue in the public arena,” she explained over the phone. “Ever since I was a little girl, single mothers have been portrayed by society as either victims or immoral women. I wanted to prove that single women can make the choice to become pregnant with honor.” It is a way of advancing women’s rights, without being branded an “activist” and risking repression by the Chinese police state.