On Legal Regulation Of Chinese IVF Embryos In The Marriage

Assisted reproductive technology in the field of medicine has been developing rapidly, in terms of legal regulation, legislation related issues is problematic, low rank relevant legislation, hysteresis, legislative and even part of the problem is blank. And concerning the legal regulation of IVF embryos only scattered laws in some sectors,has been unable to keep up with the development of society. In the face of an increasing legal disputes involving IVF embryos, easily fall into the "no legal basis" the embarrassing situation when the judiciary, but also difficult to protect the interests of the parties. There is an urgent need for IVF embryos corresponding legislation.This article is for IVF embryos related problems in the marriage relationship started talking about IVF embryos from an overview of the legal status of doctrine concerning IVF embryos analysis, especially the right to dispose of in vitro fertilization and embryo Points of discussion which made recommendations for improvement of the legislative regulation of IVF embryos.This paper is divided into four chapters. Chapter 1 is an overview of IVF embryos.This part is defined by IVF embryos medical, legal disputes arising IVF embryos,three elements of the existing law regulating IVF embryos missing composition. This chapter is the basis of this article. Definition of IVF embryos for medical, legal analysis of a dispute, as well as an overview of its current lack of legal regulation, is to find problems in IVF embryos, to prepare for the discussion below.Chapter 2 discusses the legal status primarily of IVF embryos. This section is mainly for domestic and foreign scholars on the legal status of the doctrine of IVF embryos and viewpoints described and analyzed. These theories and ideas in general can be summarized into three main theories summarized, are the subject says, legal,said the agency said. In view of this part of the article the author proposes a view of these three ideas, and right in favor of the agency, said the doctrine expounded reasons.Chapter 3 discusses the IVF embryo is at the disposal of the right to marriage,which the main spindle. IVF embryos mainly involving the couple, their closerelatives, the interests of the hospital, but the rights and obligations betweenhusband and wife is the most important, so the discussion of this issue in vitro fertilization, IVF couples the right to dispose of the embryos is the key. This part is mainly from the spouses during the marriage relationship continues to exist, the couple accidental death, divorce three states under different conditions were analyzed in order to be able to fully resolve the IVF embryo disposal problems in the marriage relationship.Chapter 4 of the legislative proposal is to improve the regulation of IVF embryos.This section is mainly for legal issues IVF embryos, proposed to define the legal status of embryos in vitro fertilization, surrogate moderately open, clear right to dispose of in vitro fertilization and embryo recommend these three legislative content and related legislative proposal on the development dimension.