Research On The Legal Issues Of Designer Baby

With the advancement and development of modern biomedical science and technology, human assisted reproductive technology came into being and brought benefits to mankind. Many infertile couples have got their own children with this technology and many couples carrying genetic disease genes have been able to avoid the delivery of children with genetic disease with this technology. The technology of "Designer babies" have become the third genetic diagnosis following vitro fertilization and intracytoplasmic sperm injection. It is also known as the third generation of IVF. By producing multiple embryos through vitro fertilization and selection with genetic diagnostic, the doctors are now able to pick out a healthy embryo to be implanted. But the benefits of "Designer babies" come with many problems. China has promulgated laws and regulations such as the Human Assisted Reproductive Technology Specifications and Human Assisted Reproductive Technology Management Practice, but these provisions are imperfect. Therefore, it’s of great importance to improve the relevant laws and regulations and formulate the Human Assisted Reproductive Technology Act.This paper is divided into four parts:The first part discusses the legal status of early human vitro embryos. First, with an introduction of the Chinese and foreign scholars’perspective on the legal status of early human embryos, this part will address the disposition of the remaining early human embryos. Second, this part will discuss the disposition right of the donor and acceptor on early human embryos, the legal relationship between medical institutions and the embryo receptors, how the involved parties dispose the remaining embryos, and propose solutions for the disposition of the remaining embryos.The second part analyzes whether sex selection of "designer babies" is legal. The main reasons for sex selection include are divided into medical and non-medical. After the introduction of the reasons, the author will discuss the problems that could be possible caused by the sex selection for non-medical purpose. In addition, the author will give an analysis of the different attitudes towards sex section in China and abroad.The third part focuses on the improper birth of "designer babies". In order to bring a clear understanding of the real problem, the author first explains the concept of improper birth. Then with the dispute cases caused by improper birth abroad, the author gives an analysis of the difference between pre-implantation genetic diagnosis and prenatal diagnostic techniques and the factors that lead to the pre-birth infringing cases that relate to pre-implantation genetic diagnosis technique.The fourth part discusses how to improve the legal norms and regulation in designer baby technology based on the status quo of China’s legislature. The lawmakers should first address how to properly define the legal status of the early vitro human embryos and then explicit the sex selection criteria and its scope of application. Finally, the author proposes the elements that constitute the infringing cases of improper birth through analyzing the factors that lead to the medical disputes, so as to clarify the subjects of litigation and compensation range in the pre-birth infringing cases.