2023-07-17 13:19:01
(Schematic diagram / flip from pixabay)
Since the death of his only son, a man surnamed Song from Jiangxi Province in mainland China has always wanted to have another son. Because his wife is old, he paid for a woman to be a surrogate. Unexpectedly, following living together for half a year, the woman chose to leave without becoming pregnant. Angrily, Song Nan sued the woman and her guarantor to the court, demanding the money back. Recently, the People’s Court of Yongfeng County, Jiangxi Province concluded that the content of the agreement between the two parties was illegal and dismissed Song Nan’s lawsuit.
“Xiaoxiang Morning News” reported that in May 2019, Song Nan’s only son died unexpectedly. Out of traditional concepts, he wanted to have another son. Since his wife was too old and infertile, he wanted to find a fertile woman to help give birth to a child.
On December 16, 2020, Yuan Nan and Gong Nan found He Nv for Song Nan to have a child. The two parties signed an agreement, stipulating that “Party A asks Party B to be a surrogate to give birth to a boy, and Party B agrees. If Party B conceives a girl, he will compensate the woman He Ling’s nutrition fee is 10,000 yuan, and following signing the agreement, Party B will be paid 20,000 yuan. When the woman becomes pregnant with a boy, Party A will pay Party B 80,000 yuan. When Party B gives birth to a boy, Party A will pay Party B 100,000 yuan. An old house.”
The contract mentions that if Party B reneges halfway, the guarantor will be responsible. If the child is not the biological child of Party A, the guarantors of both parties will be responsible, and all expenses will be refunded and compensated. Later, Song Nan and He Nu signed the agreement, and Yuan Nan and Gong Nan signed at the guarantor. From then on, Song Nan and He Nv began to live together, but the woman never got pregnant, and then moved away from home. Since then, he has been unable to contact anyone, so he filed a lawsuit once morest Yuan and Gong, demanding a refund.
The court of first instance held that Song Nan and He Nu ignored my country’s marriage and family system and attempted to use money to realize the two people’s illegal purpose of cohabiting and having children. Their behavior violated social morality and damaged social public order and good customs. The content of the agreement signed by the two parties was illegal. Not protected. Therefore, Song Nan’s lawsuit should not be supported by the court and should be dismissed.
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