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According to the regulation effective from July 1, if the wife is pregnant or giving birth, the husband does not have the right to request a divorce regardless of who the wife is pregnant or giving birth to.
The above content is mentioned in Resolution 01/2024 of the Supreme People's Court Council of Judges on guiding the application of a number of legal provisions in resolving marriage and family cases, effective from July 1.
This Resolution provides specific guidance on cases where a husband does not have the right to request a divorce in the event that his wife is pregnant, giving birth or raising a child under 12 months old according to Clause 3, Article 51 of the 2014 Law on Marriage and Family.
According to the resolution, the husband has no right to request the Court to settle the divorce within a period of less than 12 months from the date the wife gives birth.
"In case the wife is pregnant or giving birth, the husband does not have the right to request a divorce regardless of who the wife is pregnant or giving birth to. In case the wife is raising a child under 12 months old, the husband does not have the right to request a divorce regardless of whether it is a biological child or an adopted child," Resolution 01/2024 clearly states.
This guide can be understood that even if the woman commits adultery, violates the obligation of monogamy leading to pregnancy with another man, the husband does not have the right to divorce when his wife is pregnant, gives birth, and raises a child that is not the legal husband's.
In addition, Resolution 01/2024 also stipulates the right to request divorce in cases of surrogacy for humanitarian purposes.
Specifically, the husband of the surrogate mother does not have the right to request a divorce when his wife is pregnant, giving birth, or raising a child under 12 months old. The husband of the person who requested the surrogacy does not have the right to request a divorce when his wife is raising a child under 12 months old or when the surrogate mother is pregnant, giving birth, or raising a child under 12 months old.
With this regulation, when using surrogacy, the husband of the surrogate mother and the husband of the person requesting the surrogacy do not have the right to divorce their wives when the surrogate mother is pregnant, giving birth or raising a child under 12 months old.
According to Clause 3, Article 51 of the 2014 Law on Marriage and Family, "Pregnancy" is the period of time the wife carries the fetus and is determined by a competent medical facility until the time of giving birth or the time of terminating the pregnancy.
"Giving birth" is one of the following cases: The wife has given birth but does not raise the child from the time of birth until the child is under 12 months old; The wife has given birth but the child dies within the period of less than 12 months from the time of birth; The wife is 22 weeks pregnant or more and must terminate the pregnancy.
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