Eight years after the birth of IVF, it was found that the embryo was misplaced. The hospital responded that ＂there is no need to care if you want to be open-minded＂

　　Cover journalist Shi Wei

　　"The hospital put someone else’s embryo in my ex-wife’s stomach. She was pregnant and gave birth to a child in October, but she passively became a surrogate mother. I didn’t even have anything to do with the child." On February 17th, 60-year-old Chen Dong (a pseudonym) was still running for the children.

　　Eleven years ago, Chen Dong and his ex-wife gave birth to their son Xiao Xuan in the First Affiliated Hospital of Anhui Medical University (hereinafter referred to as the "Affiliated Hospital") because they were infertile after marriage. Eight years later, they accidentally discovered that Xiao Xuan was not related to them.

　　Hospital involved

　　"A mistake in the hospital has made us who is whose son and who is whose father." Chen Dong said that the first trial found that the hospital had a medical fault, and it assumed full compensation responsibility and paid 640,000 yuan. However, the hospital said that it was impossible to find out the biological parents of the children and know where their embryos went.

　　On February 17th, the Reproductive Center of the Affiliated Hospital said that Chen Dong’s appeal could not be found clearly. "Life should be open-minded and there is no need to care.".

　　On February 20, the cover journalist contacted Director Zhou of the Reproductive Center, and the other party said that he needed to contact the medical department of the hospital to reply. The hospital switchboard provided the telephone numbers of the hospital office and the medical office, but no one answered.

　　Remarried families struggle to give birth to IVF.

　　After 8 years of raising, I found out that I was not my own.

　　In 2020, Chen Dong received his son Xiao Xuan from his ex-wife Wang Lei (a pseudonym). Because of the epidemic, I can’t go out. When the father and son are facing each other all day, Chen Dongyue feels that his son is not quite like himself and his ex-wife.

　　Before that, he had a daughter with his first wife, and now he can’t take care of himself because of illness.

　　"I want to have another child. After a hundred years, I will leave my property to my second child and let him take care of my sister for the rest of my life." Chen Dong said that in 2011, they had IVF surgery in the reproductive center of the affiliated hospital, and the following year they successfully gave birth to Xiao Xuan.

　　Hospital departments

　　"I have had three operations, repeated injections and medicine, and experienced a painful egg retrieval process and pregnancy process. When the child was born, he was 50 years old and I was 40 years old." Wang Lei recalled that during her pregnancy, the doctor warned that there might be a risk of paralysis if she insisted on giving birth, but she still chose to give birth to the child.

　　In 2018, the two divorced due to personality problems. The children were raised by Wang Lei and will return to Chen Dong on holidays.

　　"I didn’t feel like it when he was four or five years old, but I thought it was made by our embryos. How could it not be our children?" Chen Dong’s curiosity overcame reason, and he secretly collected blood samples from the children’s soles for inspection. The results show that the child is not related to him.

　　Later, Chen Dong and Wang Lei took Xiao Xuan to the appraisal institution for another test, and found that the child was not related to both of them.

　　"At first, I thought that I was wrong at the Maternal and Child Health Hospital, but it turned out that it was not their problem, but the embryos were misplaced. Other people’s embryos are put in my ex-wife’s stomach, and our embryos don’t know who they are in. " Chen Dong said that he felt that the sky was falling and his life and business were meaningless.

　　After fixing the evidence, they filed a lawsuit against the First Affiliated Hospital of Anhui Medical University.

　　The hospital was found guilty of medical fault and took full responsibility.

　　Family members ask the parents of the child and the whereabouts of the original embryo.

　　Chen Dong is in a painful state: he can’t give all his love to his children, but he can’t ignore the father-son relationship for 11 years. "Treat him well, he has nothing to do with me; Don’t treat him well, he is innocent. I can’t say this again. The child is too young to be afraid of hurting him. "

　　Chen Dong dare not tell anyone about it. On his deathbed, his mother took Xiao Xuan’s hand and murmured, while Chen Dong was in a mixed mood — — He felt sorry for his parents. He said that giving incense to his parents every day is in the mood of asking for forgiveness.

　　During the litigation, the court entrusted a judicial authentication institution to authenticate the affiliated hospital "whether there is a medical fault" and "whether there is a causal relationship between fault and consequence".

　　According to the appraisal report, according to the existing materials, it is extremely unlikely that Xiao Xuan will be wrong in the production process; The affiliated hospital has some problems in embryo cryopreservation, such as repeated numbering, imperfect embryo thawing records, and failure to reflect the verification process. There is a medical fault, and the causal relationship between the fault and the consequences is unclear, but it is highly probable.

　　In November 2022, the court of first instance ruled that there were faults in the diagnosis, treatment and nursing process of the affiliated hospital. According to the analysis of faults and the experience of daily life, it was highly probable that there was a causal relationship between medical faults and actual consequences. The affiliated hospital shall be 100% liable for the damages claimed by Chen Dong and Wang Lei, and compensate 640,000 yuan for various losses.

　　Screenshot of the first-instance judgment (source interviewee)

　　After the first trial, Chen Dong asked the affiliated hospital to find out who Chu Xiaoxuan’s biological parents were, where his embryo had gone and whether his children were alive. "They said that my child was not born, where the embryo went, who Xiao Xuan’s parents were, and what was wrong, could not be found."

　　Chen Dong said that compensation is meaningless to him. He is 60 years old and missed his childbearing period. He thought that if his children were alive, the two families could know each other and not disturb each other, and then tell them when the children were adults. "If these two children have an accident and need relatives to donate bone marrow, we can be prepared."

　　The hospital said that "to be open-minded, there is no need to care."

　　It means that you can’t find out the biological parents of your child.

　　On February 17th, Director Wei of the Reproductive Center of the Affiliated Hospital gave a face-to-face reply to Chen Dong.

　　Director Wei believes that the children are actually raised by Chen Dong and Wang Lei, so there is no need to care about whether they are biological or not. "Life is this for decades, and in the end it is open-minded. Many families adopt children, and people are very happy. I would be very happy if I had such a child raised so big. "

　　Chen Dong said that he hoped to find Xiao Xuan’s biological parents and confirm whether there were any children in his embryo, in case the children were seriously ill and needed to be matched by relatives to save lives.

　　Director Wei said that he had looked for it repeatedly, but could not find it. "What you said is a very rare event. The embryo operation in the operation is signed by two people, so you can’t say 100% that it is our fault when you look at the court. Because according to the operation, it is correct. "

　　Hospital publicity materials

　　Chen Dong recalled that when he sent semen to the designated window, he found that there were no medical staff behind the window, and many semen sampling bottles were randomly placed in the window.

　　Director Wei explained that these management problems mentioned by Chen Dong have been improved. "Even if a person’s sperm is wrong, then the next object comes, and a pair will come out, but you haven’t come out with this situation. We later transferred all the storage tanks back for inspection, and there was no embryo of yours. They (doctors) later felt that your embryos were not well cultivated (it was useless). "

　　Director Wei said that Chen Dong’s appeal would be uploaded to the hospital leaders. As for compensation, as long as there is a court decision, "I’d like to award you 2 million yuan, even if it’s not our fault, we will accept the amount awarded".

　　On February 20, the cover journalist called Director Zhou of the Reproductive Center of the hospital, and the other party said that it was necessary to contact the medical department to reply. The switchboard provided the telephone numbers of the hospital office and the medical office, but no one answered them all the time.

　　Medical experts say that three people are legally related to each other.

　　The mother said that "what was born from my stomach is my own."

　　According to a professor from a reproductive hospital in Hubei Province, the IVF process is strictly managed, but everything artificially operated may be wrong. "If one pair of embryos is wrong, the corresponding other pair will be wrong. There are different possibilities whether Chen Dong’s embryos are used up or transplanted to others and whether they are successful after transplantation. "

　　The above-mentioned professor said that the reproductive hospital keeps records of every IVF, and according to the regulations of National Health Commission, the tracking and follow-up records of all IVF should be complete and should be followed up until the baby is born. Tracing the embryo whereabouts of Chen Dong and Wang Lei, as well as Xiao Xuan’s biological parents, needs to be checked by public security organs, courts or other law enforcement agencies, and ordinary people have no right to view these confidential information in the reproductive center. "11 years ago, it’s hard to say whether the record is complete or not. Medical mistakes have led to ethical problems of related families, and it is very complicated to solve them later. This is for sure. "

　　Cong Yali, a professor from peking university health science center, introduced after analysis with the reproductive ethics research group of her department that in the early stage of IVF surgery, there were indeed some hospitals whose management was not standardized, such as Chen Dong and Wang Lei. This kind of situation is clearly defined in law. Chen Dong, Wang Lei and Xiao Xuan are father-son relations and mother-child relations, and they need to raise him until he reaches the age of 18.

　　"The client knows that the child is not his own, and he will have some psychological fluctuations, which may not be as good as before; Before the child is underage, after this matter is known by the child, he may feel that he is not his own and no one cares about him, which is also a kind of harm to the child. Therefore, ethical issues do arise. " Cong Yali said that if the early management of the hospital is really chaotic, it may be that we really don’t know where the embryo is and who Xiao Xuan’s biological parents are.

　　"If a child is sick in the future and needs blood relatives to save his life, but he can’t find his biological parents, this situation is really regrettable." Cong Yali introduced that if the hospital knows who the biological parents are, should it tell the children? It is an ethical issue discussed in the academic circles, and the regulations in different countries are different.

　　The above two experts said that the feelings formed by actual childbirth should go beyond the simple blood feelings, and it is more valuable to invest feelings and energy in cultivating this child than to be trapped in trouble.

　　Wang Lei said that the baby was born in October. No matter what the situation, her and Chen Dong’s attitude towards the baby will not change. "He is my own child.".