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A man in China attempted to claim his late wife's inheritance by presenting a baby born through surrogacy as their child, but a court ruled against him, citing insufficient evidence. The unusual case, handled by a Shanghai court, has sparked widespread public debate.
The wife, identified as Qiu, passed away in 2021 due to a connective tissue illness and cancer. She and her husband, Lin, had no children during their marriage. The couple’s assets included two Shanghai apartments and undisclosed bank savings, which, according to Chinese law, should be divided between Qiu’s husband and her foster parents.
In 2022, Lin approached Qiu’s foster mother, claiming that part of the inheritance should go to a surrogate baby. He asserted that the couple had sought surrogacy services overseas before Qiu’s death, and he presented the baby as their biological child.
However, Qiu’s foster mother disputed Lin’s claims. She noted that while medical records confirmed Lin as the baby’s biological father, no evidence linked the child to Qiu. Furthermore, she argued that her daughter’s health conditions and long-term medication made her unsuitable for egg extraction, a claim supported by medical professionals. She also stated that Qiu had never mentioned plans for surrogacy.
The court found several inconsistencies in Lin’s account. He claimed that Qiu had traveled to Thailand in 2016 for egg extraction, but immigration records showed no evidence of her traveling abroad that year. Additionally, Lin submitted medical records purportedly showing Qiu’s involvement in surrogacy-related procedures, but these documents were dated after her death.
Surrogacy is illegal in China, but children born through such arrangements still have equal inheritance rights as those conceived naturally. Despite this, the court ruled that Lin failed to prove the baby’s biological connection to Qiu. As Qiu’s body was cremated and her foster parents were not biological relatives, further verification was impossible.
Ultimately, the court dismissed Lin’s claims, concluding that Qiu was not the baby’s biological mother. Consequently, the surrogate child was deemed ineligible to inherit Qiu’s estate.
Source: SCMP
