Discussion About The Legal Status And Protection Of Real Right Of IVF Embryos

Advances in medical science by using IVF embryos which modern artificial assisted reproductive technology solution to infertility problems become the choice of many families,but also created a lot of the reality of the legal issues and put forward the major challenge to the traditional civil law system.Our country at present is not law about IVF embryos,academic circles have different ideas about the legal status of IVF embryos.This article mainly around the legal status of IVF embryos and discussed from the Angle of property rights protection,clear the legal attribute of IVF embryos,legal status is processing of IVF embryos,the basis of the relevant legal issues in this paper,first of all classical embryonic cases from the United States Davis v.Davis case and frozen embryos for the case of our country, through the dispute focus and the comments of the case study analysis leads to IVF embryos legal issues involved, the ownership and inheritance of the presence of question; By academic circles both at home and abroad about the legal status of IVF embryos,said analysis the main body, object and middle has both its own advantages, there are also some disadvantages, on the basis of combining the situation of our country,is unfavorable to the subject,said the middle and the object of simple,because of the existence of IVF embryos using artificial assisted reproductive technology to be implanted in the womb which gives life to serve the needs of human life,has developed into the potential of life is containing the special characteristic of the future life,but there is uncertainty,so the development of their human ethical attributes the exercise of its ownership should be limited, so should be included in the civil legal relationship object as special objects give special respect and protect the conclusion; In under the premise of IVF embryos as special objects,for IVF embryos of this particular thing to distinguish the different given different protection,such as the ownership issue to distinguish between sperm and eggs from one party,one party of husband and wife comes from others and are derived from the other party, and so on and so forth, and further analysis during the couple of marriage, divorce, one death and both the ownership of the death case, at the same time for exercising their right to ban the embryo transfer restrictions, limited embryo retention time and disposition of surplus IVF embryos, inheritance, etc.; In draw lessons from other countries and regions of the legislation and practice, on the basis of disgraceful consideration to follow the principle of party autonomy principle and fair principle, put forward suitable for China's national conditions of IVF embryos suggestion draft protection act, to effectively solve a series of legal problems caused by IVF embryos, suggested that embryo legislation in our country from general statements of principle, in the form of regulations of IVF embryos right ownership, the protection of IVF embryos, implementation procedure and right relief and other aspects of IVF embryos problems make the detailed rules.