Can I apply for compensation for in vitro fertilization after my father's work-related death? The court ruled that a posthumous child belongs to a dependent family, and the pension is paid until the age of 18. A infertile couple underwent in vitro embryo cultivation, and after the husband died at work, the embryo was implanted into the wife's body. Is the son born after the embryo was implanted into the wife's body a posthumous child? Can he apply for the pension for supporting relatives after his father's death at work? Recently, in a court in Jiangsu, the dust of this special case of payment of compensation has been settled: the court confirmed the identity of Xiao Qiang's posthumous child and ruled that a social security center in a certain city in Jiangsu should pay him monthly compensation for supporting relatives until he reaches the age of 18. Before the frozen embryo was implanted into the mother's body, Xiaoqiang, a boy under the age of 5 who had lost his father at work, was a bit "special": his parents underwent blastocyst culture surgery in a hospital due to infertility after marriage, and the embryo was successfully cultured. However, due to medical evaluation, his mother's physical condition was not suitable for implantation, so the parents chose to freeze the embryo. During the period of embryo freezing, on December 12, 2019, his father died at work, and at this time, Xiaoqiang was in the form of an in vitro fertilized embryo. After the death of her father, her mother continued to transplant frozen embryos into the body and gave birth to Xiaoqiang on January 17, 2021, at a gestational age of 39 weeks and 1 day. After Xiaoqiang was born, his mother applied for a dependent relatives' pension on his behalf from a certain social security center. However, the center believed that when Xiaoqiang's father died on the job, "Xiaoqiang" was in the form of an in vitro fertilization embryo and did not belong to the category of a posthumous child. Moreover, there are currently no laws, regulations, or normative documents that clearly stipulate that after an employee's death on the job, his widow can enjoy the dependent relatives' pension benefits by thawing the in vitro fertilization embryo and transferring it to give birth. Based on the principle of "not authorized by law", the social security center did not accept Xiaoqiang's application for dependent relatives' pension benefits. Xiao Qiang's mother does not agree with the statement made by a certain social security center that Xiao Qiang is not a posthumous child. She believes that Xiaoqiang has a biological and legal father son relationship with his deceased father, and the transfer of fertilized embryos is a matter agreed upon by both husband and wife, with certainty. The rights and interests of children born based on the joint wishes of both parties should be given relief. So a certain social security center was sued to the court, requesting the court to order the social security center to pay the dependent relatives' pension from January 17, 2021 until Xiaoqiang reaches the age of 18, and adjust it in a timely manner according to changes in the average salary and living expenses of local employees. The social security center sued to the court believes that after the death of her husband, Xiaoqiang's mother voluntarily chose to conceive and give birth through thawing in vitro fertilization and embryo transfer. When making this choice, she should have fully considered her own economic situation and personal ability to provide Xiaoqiang with the main source of livelihood, rather than relying on the work-related injury insurance system established by the state to provide material assistance. Therefore, she requests the court to dismiss Xiaoqiang's lawsuit request in accordance with the law. Court ruling: It is a posthumous child and a dependent relative. So, after the father's death, is "Xiaoqiang" still in the form of an in vitro fertilization embryo implanted into the mother's body and born as a posthumous child? Does it belong to the scope of supporting relatives for employees who die on the job in China's "Regulations on the Scope of Supporting Relatives"? How will the court make a judgment? According to relevant laws and regulations, China's "Regulations on the Scope of Relatives to be Supported by Employees Who Died on the Job" include "posthumous children" who were not actually supported by employees before their death as the main source of livelihood for employees. The purpose is to protect the legitimate rights and interests of the unborn children of employees who died on the job. Therefore, the dispute was triggered by the fact that the widow of an employee who died while receiving human assisted reproductive technology treatment received embryo transfer and had children, and her application for dependent family compensation was rejected. Therefore, the biggest focus of this case is whether Xiaoqiang is a posthumous child. After trial, the court held that in vitro fertilization embryo transfer mainly includes steps such as controlled ovulation induction, egg retrieval, in vitro fertilization, embryo culture, and embryo transfer. The in vitro culture of embryos should not exceed seven days. If they are not transplanted into the uterine cavity of women on the third to fifth day, a freeze-thaw cycle should be chosen for resuscitation transplantation. Xiaoqiang was in an in vitro embryo state at the time of his father's death, but this state was determined by the reproductive method chosen jointly by his father and his mother through legal medical treatment before his death. The stages of fertilization, embryo development, etc. had also been completed before his father's death, but he had not undergone transplantation surgery and was not yet in his mother's body in space. However, Xiaoqiang is not fundamentally different from a "posthumous child" conceived naturally. The court also held that although "Xiaoqiang" did not have legal personality and was not yet a fetus when in the form of an embryo outside the body, he successfully conceived and was born after embryo transfer, becoming a subject with full civil rights capacity. This should not be used to deny the legal relationship between Xiaoqiang and his father in terms of "about to be supported" and "relying on employee economic sources for support". Otherwise, children born legally through the application of human assisted reproductive technology would suffer from differential treatment due to their parents' different choices of conception methods, which violates the fundamental principle of equality before the law. Therefore, a certain social security center cannot deny that Xiaoqiang belongs to the scope of supporting relatives based on the fact that Xiaoqiang was still in the form of an in vitro fertilized egg when his father died at work. The court ultimately determined that Xiaoqiang belongs to the posthumous child of his mother after his father's death at work, and falls within the scope of supporting relatives of employees who died at work. The court ruled in accordance with the law that a certain social security center shall pay Xiaoqiang a supporting relative pension of RMB 60152.76 from January 2021 to December 2025, and from April 2025, according to the regulations of the Jiangsu Provincial Department of Human Resources and Social Security to adjust the regular benefits of work-related injury insurance, pay the supporting relative pension on a monthly basis until he reaches the age of 18. After the first instance verdict, neither party filed an appeal. (New Society)