深圳市中级人民法院于2025年3月13日作出二审终审判决，撤销陈玲与闻一丁的婚姻关系1。法院认定陈玲婚前已患有严重遗传病亨廷顿病但未告知，根据其2013年3月的基因检测报告——显示HTT基因CAG重复数分别为18次和45次，其中45次属完全外显突变——判决撤销了这段持续四年、已生育一女的婚姻1。根据卫生健康委员会诊疗指南，CAG重复数≥40次属完全外显突变，携带者在正常寿命内几乎必然发病，子代有50%的遗传概率1。
然而一审法院曾驳回了丈夫闻一丁的全部诉讼请求，认为基因检测报告不能直接等同于医学和法律意义上的临床确诊1。二审法院则改变了这一判断，认定亨廷顿病属于民法典规定的重大疾病，基因检测系确诊最重要的依据，特异性达100%1。法院判决陈玲赔偿闻一丁损害赔偿金1元，婚生女由陈玲抚养，闻一丁每月支付抚养费6000元1。
陈玲对判决不服，主张自己无临床症状、属于健康人1。其婚前医学检查结果合格，婚后在香港大学深圳医院的检查显示"未明确器质性疾病，无需干预"1。2023年11月13日，陈玲才向丈夫透露自己十年前已检测出携带亨廷顿病致病突变1。陈玲已向广东省高级人民法院申请再审被驳回，目前已向深圳市中级人民法院提交申诉材料1。该案引发了法学界与医学界对无症状致病基因携带是否等同于患有重大疾病的深入讨论。
A four-year marriage has been annulled by Shenzhen Intermediate People's Court based on genetic testing results, raising fundamental questions about whether carrying disease-causing genes without symptoms constitutes having a serious illness under law.1
On March 13, 2025, the court's second-instance judgment found that Chen Ling had carried the gene for Huntington's disease before marriage but failed to disclose this to her husband, Wen Yiding.1 A genetic test conducted in March 2013 showed that Chen Ling carried a HTT gene mutation with 45 CAG repeats on one chromosome and 18 repeats on the other, with the 45-repeat sequence classified as a fully penetrant mutation.1 According to guidelines from China's National Health Commission, CAG repeats of 40 or more constitute a fully penetrant mutation, meaning carriers will almost certainly develop the disease within a normal lifespan, and offspring have a 50 percent probability of inheriting the condition.1 Chen Ling revealed her carrier status to her husband only in November 2023, roughly a decade after the test.1
The court's decision marked a reversal from the first-instance ruling, which had rejected the husband's claims on grounds that genetic test results cannot be directly equated with clinical diagnosis in medical and legal terms.1 However, the appellate court determined that Huntington's disease qualifies as a serious illness under China's Civil Code, and that genetic testing represents the most important diagnostic evidence with 100 percent specificity.1 The judgment annulled the marriage, ordered Chen Ling to pay symbolic damages of one yuan, awarded custody of their daughter to Chen Ling, and required the ex-husband to provide monthly child support of 6,000 yuan.1 Chen Ling's pre-marital medical examination had shown normal results, and a subsequent hospital check showed "no clear organic disease, no intervention needed."1
Chen Ling maintains she is asymptomatic and therefore healthy, and has challenged the decision through multiple appeals.1 Her request for retrial to Guangdong Province's High People's Court was denied, and she has since filed a petition with the Shenzhen court.1 The case has sparked intensive debate within legal and medical circles over whether asymptomatic gene carriers should be treated as having serious diseases.1
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