Published by the Judicial Committee of the Supreme People's Court on April 15, 2015

Case Review

On March 3, 1998, the plaintiff Li Mou and Guo Moushun registered their marriage. In 2002, Guo Moushun purchased the 306-room house with a construction area of 45.08 square meters in his own name, and went through the registration of property rights. On January 30, 2004, Li and Guo Shun signed an agreement on artificial insemination with the Reproductive Genetic Center of Nanjing General Hospital of Nanjing Military Region, and artificial insemination was performed on Li, who became pregnant. In April 2004, Guo Moushun was hospitalized due to illness. After he learned that he had cancer, he expressed to Li that he did not want the child, but Li did not agree to the abortion and insisted on having a child. On May 20, Guo Moushun made a self-written will in the hospital, stating in his will that he did not want the child born by artificial insemination, and gave the Room 306 to his parents Guo Mouhe and Tong Moumou. Guo Moushun passed away on May 23. Li gave birth to a son on October 22 of that year, named Guo Mouyang. The plaintiff, Li Mou, is unemployed, receives a monthly minimum living allowance, and has an irregular working income, and holds a joint deposit of 18,705.4 yuan during the existence of the marital relationship. Defendants Guo Mouhe and Tong Moumou are the parents of Guo Moushun, and they live in Room 305 in the same residential area, and they all have retirement wages. In March 2001, Guo Guo Moushun borrowed 8,500 yuan from Tong in order to open a store.

The plaintiff, Mr. Li, claimed that the Room 306, located in a residential area in Nanjing City, Jiangsu Province, was the joint property of her and her decedent Guo Moushun. After Guo Moushun died of illness, his son Guo Mouyang was born. Guo Moushun's estate shall be jointly inherited by his wife Li Mou, son Guo Mouyang and Guo Moushun's parents, namely defendant Guo Mouhe, Tong Moumou and other legal heirs. Request the court to take care of Li and Guo Mouyang by considering that Guo Mouhe and Tong Moumou have their own real estate and retirement salaries, while Li Mou has no fixed income and has to support their young son when distributing inheritance.

Defendants Guo Mouhe and Tong Moumou argued that their son Guo Moushun left a will before his death, expressly donating Room 306 to the two defendants, so the legal inheritance is not applicable to the property. The child born by Li has no blood relationship with Guo Moushun. Guo Moushun stated in his will that he did not want the child born by artificial insemination. After he learned that he had cancer, he had already expressed to Li that he did not want the child. It was Li who insisted on giving birth to a child. Therefore, Li should be responsible for the child, and the child cannot be listed as Guo Moushun's heir.

Entrusted by the court, Nanjing Continental Real Estate Appraiser Co., Ltd. assessed the Room 306 involved in the case in March 2006, and the assessed value of the property was 193,000 yuan.

Referee Result

The People's Court of Qinhuai District, Nanjing City, Jiangsu Province made a first-instance judgment on April 20, 2006: the Room 306 involved in the case belonged to the plaintiff Li; Li should pay the plaintiff Guo Mouyang 33,442.4 yuan within 30 days from the effective date of this judgment, The money is kept by Li Mou, the legal representative of Guo Mouyang; Li Mou will pay the defendant Guo Mouhe 33442.4 yuan and the defendant Tong Moumou 41942.4 yuan within 30 days from the date this judgment takes effect. After the first-instance judgment was pronounced, neither party filed an appeal, and the judgment has become legally effective.

Referee Points

During the period of the husband and wife relationship, if both parties agree to use the sperm of others for artificial insemination and the woman is pregnant, the man goes back on his word and the woman insists on giving birth to the child, no matter whether the child is born during the period of the husband and wife relationship, the child shall be regarded as the child of the couple.

If one of the spouses makes a will that does not reserve a share of the fetus's estate, that part of the will is void. When the estate is divided, the share of the inheritance shall be reserved for the fetus.