The Legal Study On Frozen Embryos

The first frozen embryos inheritance dispute took place in 2004 created quite a stir in society.The results of the first trial and the second trial are different.The advent and application of modern reproductive technology,leading to the appearance of new, unnatural fertility society,bring many new legal issues.Because the third person involve in the process of pregancy,Fertility is no longer a simple conjugal or family telationship problems,but multiple and complex social problems.The current laws of frozen embryo are regulating the medical behavior of medical institutions,but not regulate the related legal problems.Based on the domestic legislation and the theory viewpoint,there are three kinds of views-main subject,object,resonancedoctrine on the legal attribute of frozen embryos.This paper begins with the introduction of the three kinds of theories,and refuting the theories,the frozen embryos are defined as personhood property,then combine with the theory,practice and legislative experience of foreign judicial,find the generality and individuality,analyse the ownership of frozen embryos,and raises the problem of legal protection and adoption of frozen embryos.The first part introduces related concepts of frozen embryos.The second part learn from domestic and foreign legislation and jurisprudence to analyze the three kinds of views-maindoctrine,subject,object,resonance,this article holds the object and the frozen embryos are defined as personhood property.The third part divides rights attribution of frozen embryos into general and special situations.general situation refers couples still alive and marriage still continued,analyzes the legal relationship between medical institutions and donors of frozen embryo,legal validity of informed consent,and dispositionof remaining frozen embryos;special situation refers divorce,death,reference case and foreign legislation,the author holds that frozen embryos don’t have the right of inheritance,by analyzing the double rights of frozen embryos and ethics,the author holds that frozen embryos can be inherited,but heir of the inheritance is limited.The fourth part based on current legal system,determine double protection of frozen embryos.If frozen embryos have been suffered damage,the owner can request compensation for spiritual damage;by analyzing United States law,compare embryo adoption with traditional adoption,analyze advantages of embryo adoption,then make a suggestion to build the legitimacy of embryo adoption system...