The case

In November 2025, Ms Zhu in Shanghai learned from an appointment notice sent by Zhongshan Hospital that her husband and his mistress had forged a marriage certificate and created a fertilised embryo through IVF at the hospital. Ms Zhu asked the hospital to destroy the embryo and accused her husband of forging documents of a state organ.

According to public reports, the man was administratively detained over the forged state document, but ownership and disposal of the embryo remain disputed.

Legal routes open to Ms Zhu

1. A criminal complaint for forging state documents

Under Article 280 of the Criminal Law, forging a marriage certificate may constitute forging documents of a state organ, punishable in ordinary cases by up to three years’ imprisonment. Using the forgery for medical and reproductive services makes it more serious.

2. A criminal complaint for bigamy

If the man and his mistress lived together in the name of husband and wife, it constitutes bigamy under Article 258. In practice, bigamy requires evidence of “living together as husband and wife”, which is more complicated than proving forgery.

3. Civil claims: personality and spousal rights

As the lawful spouse, Ms Zhu may assert claims based on the spouses’ joint rights:

  • Infringement of spousal rights: the husband used his genetic material to create an embryo without his spouse’s consent, infringing Ms Zhu’s right to take part in reproductive decisions.
  • Infringement of personality rights: the embryo carries the husband’s genes, but its creation was never discussed within the family, infringing Ms Zhu’s right to family decision-making.

4. Civil claims: asking the hospital to destroy the embryo

Under the Measures on the Administration of Human Assisted Reproductive Technology and ethical norms, use of embryos requires the joint consent of husband and wife. If the marriage certificate was forged, that consent is void from the outset, and Ms Zhu has grounds to ask the hospital to destroy the embryo.

The hospital’s legal obligations

Before performing IVF, medical institutions must verify both spouses’ identity documents and the original marriage certificate. If the hospital failed in that duty, it is at fault and bears corresponding civil liability.

Embryos: property or personhood?

In judicial practice there are three views on the legal nature of embryos:

  • Property view: embryos are joint marital property, divided as property on divorce.
  • Personhood view: embryos carry potential personality interests and cannot simply be treated as property.
  • Intermediate view: embryos have both property and personality attributes and need special protection.

Current practice leans towards the intermediate view; for major decisions such as destruction or donation in particular, both spouses must consent.

Common misconceptions in similar cases

Myth 1: “If the man agrees, IVF can go ahead.” Wrong. Both spouses must consent.

Myth 2: “The embryo belongs to the man and he can deal with it privately.” Wrong. The embryo involves both parties’ interests; unilateral disposal is invalid.

Myth 3: “As long as the hospital isn’t told, it’s fine.” Wrong. Forging a marriage certificate is itself a crime.

Myth 4: “The wife can only swallow it.” Wrong. She has several legal remedies.

How Wang Xin’s team can help

  • IVF embryo disputes: destruction, ownership, custody
  • Criminal complaints and defense for bigamy and document forgery
  • Cases on spouses’ joint interests, personality rights and spousal rights
  • Foreign-related IVF and cross-border embryo cases
  • Mediation and negotiation of family conflicts

If you face a similar situation, contact Wang Xin: phone +86 186-0113-9509, WeChat wang223040.

For a criminal complaint, prepare chat records, hospital records, transfer receipts and witness statements.

Quick answers

Is forging a marriage certificate a crime in China?
Yes. It may constitute forging documents of a state organ under Article 280 of the Criminal Law, punishable by up to three years’ imprisonment in ordinary cases.
Can a wife demand destruction of an embryo created with a forged marriage certificate?
Assisted reproduction rules require joint consent of a married couple. Where the certificate was forged, that consent is void from the start, and the lawful spouse has grounds to ask the hospital to destroy the embryo.
When does an affair become bigamy in China?
Under Article 258 of the Criminal Law, bigamy requires living together with another person in the name of husband and wife while married, which needs more evidence than proving document forgery.

This is an English edition of Wang Xin’s original Chinese article, 丈夫与情人做试管胚胎：原配能否要求销毁？. It explains the law of the People’s Republic of China in general terms and is not legal advice for any particular case; outcomes depend on the specific facts and on how local authorities apply the rules.