On The Legal Attribution Of Frozen Embryos

With the development of modern medical science and technology, assisted reproductive technology came into being,more and more choice of frozen embryos to infertile couples fertility treatment.Due to the protection of our legal system on the frozen embryos gaps,resulting in frozen embryos appeared a series of legal issues in use.For example,in the process of medical treatment if the marriage breakdown,how to dispose of frozen embryos?One or both of the case of death,how to dispose of frozen embryos?This paper reviewed the cases in judicial practice,discusses the rules of the exercise of frozen embryos,legal attributes,ownership rights and rights.From the frozen embryos can be seen in the case of Yixing,the present stage of our country is still qualitative of frozen embryos is unknown.The legal theory mainly has the subject,object and eclecticism three theories.This article from the scientific basis and ethical basis and the basis of law and economics perspective,combining the characteristics of frozen embryo itself,that the frozen embryos as "personality" is not in conflict with existing legal system,and in accordance with law and sense,more conducive to the protection of frozen embryos.At the same time,frozen embryos is elderly person should can be inherited,but in order to protect the frozen embryos of this special material,should be limited to inherit.