Legal barriers and reflections on the use of assisted reproductive technology by single women in China.

Abstract

This study analyzed the legal obstacles on the access to assisted reproductive technology (ART) by single women in mainland China, focusing on the period from 2001 to 2024, and reassessed the Chinese regulatory framework. The study employed legal text data sourced from the PKU Law database, and the case data from the China Judgments Online. Results revealed that the Chinese prevailing legislative framework prohibits single women to use ART and the courts oppose egg freezing for this group too, which creating regulatory obstacles to their reproductive rights. The study finds that the traditional concept of marriage, in which fertility is linked to marriage, and the long-standing family planning policy are at the root of China's ban on single women using ART. Prohibition-type provisions in China are challenging to adapt to changing socio-economic and technological environments and public attitudes, and should be updated to reflect global practices and legislation..