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在婚姻关系中,夫妻双方的生育权处于对立统一的关系。夫妻双方均享有平等的生育权,夫妻生育权利的行使和实现有赖于夫妻双方的协力与配合,应当通过协商方式加以解决。其中,妻子一方享有生育的天然优势,完全有权实行意思自治。法律在保护女性生育权的同时,对男性生育权也应予以肯定和保护。当夫妻之间发生生育权冲突时,应由当事人协商或第三人调解解决;在双方无法达成合意的情况下,离婚便成为解决夫妻生育权冲突的合理途径。
In marital relations, the right to reproductive rights of both spouses is in a state of unity of opposites. Both husband and wife have equal right to reproductive rights. The exercise and realization of the right of husband and wife depends on the cooperation and cooperation between husband and wife and should be solved through negotiation. Among them, one side of the wife enjoyed the natural advantage of having a baby, and was fully entitled to carry out the meaning autonomy. While protecting the female reproductive rights, the law should also affirm and protect the male reproductive rights. When the conflict of the right to maternity occurs between husband and wife, it shall be settled through consultation by the parties or mediated by a third party. When the two sides can not reach an agreement, divorce will become a reasonable way to resolve the conflict over the right to maternity.