专业团队

　　核心内容：果女方没有正当理由拒绝生育导致男方生育权无法正常实现时，双方协商无法调解的，男方有权向法院请求离婚，通过和别人再组成家庭实现自己生育的权利。

　　生育权是法律赋予男女双方的正当权利，《人口与计划生育法》第十七条规定：“公民有生育的权利，也有依法实行计划生育的义务，夫妻双方在实行计划生育中负有共同的责任”。公民有生育的权利，也有不生育的自由。公民有权利选择生育与不生育，不生育也不应当受到歧视。在生育权问题上夫妻之间享有平等的权利。从理论上说，生育是男女双方的共同行为，不可能依靠单方实现，因此，一方不能强迫另一方实现这个权利，权利应当是以双方协商为前提和基础的，只有依两人的共同意愿才能实现。但是，如果女方没有正当理由拒绝生育导致男方生育权无法正常实现时，双方协商无法调解的，男方有权向法院请求离婚，通过和别人再组成家庭实现自己生育的权利。

　　因此，如果女方无正当理由拒绝生育的，男方可以据此作为感情破裂的理由向人民法院起诉。实际上，男性生育权的实现，是无法强制女性去执行的。但当女方长期无正当理由拒绝生育，致使男性生育权无法实现时，男方只能得到司法救济，实现利益补偿。即对于男方因生育权提出离婚的，人民法院在查明上述真相并导致夫妻感情破裂的情况下，一般准予离婚并可酌情采取财产利益倾斜分割予以补偿。

Core content: If the female party refuses to have children without justifiable reasons, resulting in the inability to realize the male party's right to have children normally, and the two parties cannot negotiate and mediate, the male party has the right to request divorce from the court and realize his right to have children by forming a new family with someone else.

The right to reproduction is a legitimate right granted by law to both men and women. Article 17 of the Population and Family Planning Law stipulates: "Citizens have the right to reproduction and the obligation to implement family planning in accordance with the law. Both spouses have a common responsibility in implementing family planning.". Citizens have the right to have children, as well as the freedom not to have children. Citizens have the right to choose whether to have children or not, and not having children should not be discriminated against. Husband and wife have equal rights in the issue of reproductive rights. In theory, childbirth is a common behavior of both men and women, and cannot be achieved unilaterally. Therefore, one party cannot force the other party to realize this right. The right should be based on mutual consultation and can only be achieved through the common will of both parties. However, if the female party refuses to have children without justifiable reasons, resulting in the inability to realize the male party's right to have children normally, and the two parties cannot mediate through negotiation, the male party has the right to request divorce from the court and realize his right to have children by forming a new family with someone else.

Therefore, if the woman refuses to have children without justifiable reasons, the man can use this as a reason for emotional breakdown to sue the people's court. In fact, the realization of male reproductive rights cannot be enforced by women. But when the female party refuses to have children for a long time without justifiable reasons, resulting in the inability to realize the male reproductive right, the male party can only receive judicial relief and achieve interest compensation. If the man files for divorce due to his reproductive rights, the people's court generally approves the divorce and may, at its discretion, adopt a biased division of property interests to compensate for the situation where the above truth is found and the marital relationship is broken.