Interpretations of "Title Five Marriage and Family" of the Civil Code (Article 23)
Interpretations of "Title Five Marriage and Family" of the Civil Code (Article 23)
(Selected from translated works authored by Robert Zhang & Steve Li)
III. Spousal Relationship
Article 23 Where a husband claims damages on the ground that his reproductive right was infringed upon by his wife's termination of pregnancy without his consent, the people's court shall not sustain the claim; Where a dispute arises between husband and wife over whether to have a child, resulting in loss of love and affection, and either spouse files a divorce lawsuit therefor, the people's court shall make a decree in accordance with the provisions of Item (5) of the third paragraph of Article 1079 of the Civil Code if mediation fails.
Robert Zhang 
Steve Li 