The plaintiff, a 35-year-old man surnamed Li, accused his wife, a 27-year-old surnamed He, of breaking his right to bear a child by getting an abortion.

The court does not identify the full names of parties in such a lawsuit to protect their privacy.

The suit marks the first time in Beijing a man has sued his wife alleging the violation of his right to have a child after the National People's Congress amended the Law on Family Planning and Population late last year.

Fangshan court officials said the couple married in 2000 after falling in love the previous year. The wife got pregnant in November 2001 and opted for an abortion soon despite strong opposition from her husband.

The plaintiff argued that his wife's abortion had violated his right to be a father. The court officially accepted the case but refused to talk in detail until a judgment is announced.

Yang Kuifu, vice-president of the China Family Planning Association, said the wife should have the right to decide whether she wants an abortion.

Although a man's birth right should also be guaranteed in the process, Yang said, the precondition is that the couple reach a consensus. The husband cannot force his wife to have the baby, or he would be violating the law on women protection, he said.

Professor Zhang Xianyu with East China University of Politics and Law in Shanghai said the system for protecting a man's birth right through the law still needs tweaking.

He said the Supreme People's Court needs to announce more detailed legal explanations.

(China Daily March 14, 2002)