Introduction: Recently, a Shanghai netizen (Weibo certified as "well -known legal blogger") posted on Weibo: The husband confirmed the late stage of liver cancer, and the wife killed the child who had been in the belly for five months and chose to divorce.Is it right to do this?
Text version:
Today I have a snack, because I heard a very unfortunate news:
The classmate is 28 years old and the only child in the family.It is diagnosed with late liver cancer, and there is not much time.His wife, after learning the news, did the first thing to do was to kill the child who had been five months in his belly and proposed a divorce.
The economic conditions of the two are very good. The door -to -door is different. The parents and parents are struggling to leave their children to leave their children.The bottle, but the woman still insisted on killing the child.
You can’t blame the woman, after all, what to do is her own right, and every family has a difficult scripture, and outsiders do not know the specific inside story.I just thought: If the husband and wife are really loving, will she choose this way?
I don’t know what others think, I think I must give birth to the child.After all, the favorite person is about to die, give birth to a child, and has a continuation of his life. It is also a great comfort to himself …
But this matter can not be assumed -no matter what you say, you will be considered to be standing and speaking without back pain.
However, there are still some sadness. They all say that the poor couples are mourning. Talking about marriage and marriages, the door is right, but the house is right, but it doesn’t feel like each other is just a husband and wife?Is it really happier than the poor couple with full drinking water?Is it actually the cake that can only be the icing on the basis of each other, rather than the key condition that determines everything?
The "Women’s Rights Protection Law" gives the freedom of infertility of married women in infertility to emphasize the independent rights that women enjoy on fertility and are not affected by her husband’s will.Because the natural fertility process is undertaked and completed by women, women should enjoy the final dominance of fertility.If the wife is unwilling to have childbirth, the husband shall not force his wife to have fertility on the grounds of enjoying the right to fertility.The wife may end her pregnancy without her husband’s consent. Although it may cause harm to the relationship between the husband and wife, and even endangers the stability of marriage, the husband cannot confront the fertility decision of the wife with the fertility right he enjoyed.Do not interfere with others to exercise fertility freely.
On this issue, the law of the law on the right to fertility of women’s fertility, such as giving her husband’s consent to the wife’s abortion, or the obligation of notifying the husband by the wife, is an effective veto of the wife’s fertility.It may cause her husband to force his wife to have a social tragedy that is not allowed by modern civilization.Therefore, the wife’s unilateral termination of pregnancy does not constitute a violation of her husband’s fertility.
The relevant laws and judicial cases of the British, Australia, and Canada are clearly affirmed that the husband does not stop his wife’s right to stop abortion.In Australia, in the case of the Kaita in 1983, Judge Williams in the Supreme Court of Queensland agreed that her husband had no right to stop his wife’s abortion.
When the US Federal Supreme Court answered whether the state law can stipulate whether the wife’s abortion must obtain the problem of the husband’s consent, it clearly holds the negative position: "We don’t realize that the husband’s pregnancy and the growth and development of the fetus in his wife’s birth of his wife and his wife’s pregnancyHolding deep and proper attention and interests. The Federal Supreme Court has not ignored the importance of marriage relationship in social life so far. Moreover, we realize whether artificial abortion may affect the development of part of the marriage relationship, including material matter, including material, including materialAnd the influence of spirit, and this impact may be unfavorable. Nevertheless, we don’t think that the states enjoy the rights given by the Constitution -it can allow the man to exercise the right to unilaterally to prevent his wife from termination of pregnancy. "
The judges of the Supreme Court of the United States confirmed the women’s abortion rights through a series of jurisdictions, denying the husband’s consent to the abortion of his wife, and clearly pointed out that when the interests of the father and the mother’s private rights conflict, the court tends to protect the latter."It is the mother with her child and directly affected by pregnancy."
Given that children’s children are still one of the important functions of most families in my country, most husbands and wives expect to have children to have their own children and enjoy the joy of heaven. When the fertility rights of both husband and wife conflict, they should have legal relief ways.If it is legal to determine that the suspended pregnancy suspension of pregnancy does not constitute an infringement of her husband’s fertility, and does not allow her husband to propose a divorce on the grounds of this.Fertility.
Therefore, if the husband and wife have a dispute or the emotions have been ruptured due to the incidence of fertility, they should be one of the legal reasons for divorce.
When the mediation is invalid, the people’s court may be sentenced to divorce between the two sides in accordance with Article 32 of the Marriage Law "other situations that lead to the breakdown of husband and wife".
After the posts were issued, netizens talked about it. Some netizens believed that facing the old and sick, only the true feelings can go through the test, and the wife does it too cruel:
lihanfei86: I agree with the analysis that it must be reluctant to feel deeply affection.If you are going to get married with white heads, how can you be so critical?I don’t want to blame the woman. After all, we see the pity of the man, but the risk and pain of abortion and foreseeable public opinion are willing to bear it. With such determination, others are really speaking.
Happy sister Tao: When people eat Gangu, there are always sickness. When you want to see the bed in the bed, the closest person turns away, how helpless the one on the bed is.People who are usually free and easy are really at that time, the feeling of eager to accompany loved ones cannot be appreciated.Hey, you can only say that everyone’s ideas are different, and the choice is different.If you think about it, it is actually very sad. The current society is rich in material and the economy is good, but the relationship is really too difficult to test, like the mutual support of my parents.
Deep sea edge: I think women should not love that man so much?Otherwise, why not stay after the home.On the one hand, if the child is born, he can’t help it for a lifetime. If you want to get rid of this family, you can’t give birth to the child.
Green Tea Qingqing: The husband and wife are the same forest birds, and the difficulties will fly each other
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Some netizens believe that it cannot be abducted morally on the woman. On the one hand, there is a genetic gene of cancer.
@: Although a bit cruel, it is right. One is that liver disease is susceptible to inheritance, the chance of cancer inheritance is also very high, and the children’s genes are worrying. The second is that the elderly are older and weak.The good start and good, the child has to be controlled sooner or later. The third is the remaining son, and the elderly brings, education and psychology are prone to problems. Finally, if the woman only gives a child for money and house, the child will be more worrying in the future ~
@Add a buff: without emotional evaluation, 28 -year -old liver cancer, from the perspective of biology, the gene is not good, the direct family of relatives suffer from cancer, and the chance of offspring cancer is also high.
Windancer: The matter of a lifetime is as simple as the next egg. Even if it is the next egg, it has to hatch for 20 days.The woman does not owe the man. Why should they abduct others to lose their lives for a lifetime.How can you give birth to a child and give birth?This is the concern and fetters of a lifetime.Moral abduction, the man first asked if he was willing to marry a woman who could not have been born. The woman first asked if she had given birth to a child. Can they give birth to a child without a father?In fact, it is essentially the way to give birth to the road you marry, and ask if you can accept a single child for a lifetime.Otherwise, they don’t have back pain standing.
@的 Fiona: Liver cancer has a time formed. The child is 5 months in the stomach. During the fertilization period, the man’s sperm is probably unhealthy to carry the virus. The child’s chance of being infected with virus is at least 50%.The two parties have different positions, and the angle of consideration is different, regardless of the right or wrong.
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Source: Chutian Metropolis Daily, Legal Lecture Hall, Family Law, Rule of Law forum
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