The Case Study On Legal Issues Of Frozen Embryos

The rapid development of Assisted Reproductive Technology(ART)makes a huge difference in the reproduction mode of human beings.However,the technology also brings gross impacts on traditional social orders,and acts a trigger for many ethic and legal issues.First Ownership Dispute of Frozen Embryos in China subject to no law suggests that our system of law is lagging behind.Law,functioning as the normative system of maintaining social orders and basic behaviors,should adapt to social development and react to the problems brought about by employing emerging technologies.What is frozen embryos-people or things? How could we deal with the dilemma where four elderly parents who have lost their only child all gained the custodial and disposable rights of frozen embryos decided by the court? Do the frozen embryos trigger the problems of surrogacy? Should surrogacy be legitimized.These problems need urgent answers from laws.The article studies the issues involved in frozen embryos and surrogacy and offers references about how our country legislates the legal protection of frozen embryos and surrogacy.The article includes three parts: introduction,main body and conclusion.The introduction part briefly presents the topic background,research focus,research meaning and research methods of the article.The main body can be divided into five parts:The first chapter is about the overview of dispute of frozen embryos.It simply introduces the general situation of First Ownership Dispute of Frozen Embryos,the opinions of the three parties involved in the case and the verdicts from Court of First Instance and Court of Second Instance.Then it sums up the three focuses of the case: how we deal with the legal attributes and judicial status of frozen embryos,how we handle the ownership and punishment of frozen embryos and how we think about the inheritance of frozen embryos and the surrogacy problems caused by the former.The second chapter is about the definition of legal attributes of frozen embryos.It straightens out and analyses the three main theories of frozen embryos,namely,subject,object and intermediate theories.The article,based on supporting frozen embryos,agrees to incorporate these theories into person-hood property of civil law.The third chapter is about the ownership and punishment of frozen embryos.It studies the condition of three original acquisitions and the ownership of frozen embryos.Based on summarizing five kinds of punishment of frozen embryos,it elucidates the solutions of disputes caused by disposition rights.The fourth chapter is about the inheritance problems and extensions of frozen embryos.By analyzing the inheritability of frozen embryos,it determines that frozen embryos can be inherited as bequests and the contents in terms of inheritance rights should be limited.In the First Ownership Dispute of Frozen Embryos,the court decided that four elderly parents who have lost their only child can share the custodial and disposition rights of frozen embryos and further discusses the surrogacy issues due to the dilemma of being unable to reaching the goal of continuing the family lines.The fifth part is about the legal protection of frozen embryos.First,it raises the protection measures from four aspects of formulating protection laws of frozen embryos,establishing the registration system of frozen embryos,determining the preservation period of frozen embryos and improving punishment mechanisms of frozen embryos.Second,it puts forward the legal advice of permitting unpaid surrogacy,learns the legal regulations about surrogacy in Israel laws and proposes the special legal regulations suitable to Chinese conditions.The conclusion explains the hope that China's law can reflect due rational orders and humanistic feelings when dealing with frozen embryos and surrogacy.