Research On Legal Issues Of Frozen Embryos

According to the latest survey in 2016,the proportion of infertility in the population of childbearing age is on the rise.The infertility rate has increased from8.7%,which was the data 10 years ago,to 10.2% of present time,which means that two of every ten couples are having the problem of infertility.The World Health Organization(WHO)predicts that infertility will be the third disease of the 21 st century,in which cancer and cardiovascular disease are the first and the second one.In this circumstance,the technology of embryo cryopreservation has gradually attracted broad attention in society.This technology is the only mature medical method to preserve fertility function at present.By implanting the cryogenic embryo into the uterine cavity,this technology will increase the chance to get pregnant.Although this technology brings so much hope for the infertile,it will have some bad impacts on the society when it is abused or used in the improper way.On one hand,as this emerging technology has been extensively used,the rate of infertility has decreased at home and abroad.However,on the other hand,it has caused a series of medical problems,legal issues and social problems.The technology of embryo cryopreservation is the product of the development of science and technology,but it is dealt with different ways in practice because it includes many complicated legal issues.By comparing the different methods in handling the related problems at home and abroad,the author will conclude the opinions about this technology in the academic field.Then the author will define the legal position and legal attribution of embryo cryopreservation,which is the purpose of this research.Besides,to find out the deficiency of the related law in China and to give some suggestions,is also the aim of this research.In this way,if the related law can be improved,it will be beneficial to the practice of this technology in China in the future.The full text is divided into five parts:In the first part,the theories of embryo cryopreservation’s legal attribution will be combed.This part will sum up the opinions of domestic and foreign experts and scholars.The legal status of embryo cryopreservation is currently controversial in the legal profession.The opinions mainly include the subject theory,the object theory and the compromise theory.Besides,the theory of organ right,the theory of possessions and the theory of private interests are also included.The second part is going to talk about the existing difficulties in the legislation of embryo cryopreservation.In this part,the author will firstly comb the related legislative regulation at home and abroad.Secondly,the typical controversial cases about this technology will be enumerated.Finally,the vacant zone of embryo cryopreservation in the present law and practice,especially in China,will be analyzed.The third part is about the legal attribution of embryo cryopreservation.It is pointed out that the embryo cryopreservation can not be treated as human being in the legal field.It is not the transition between human beings or between the human beings and the objects,and it does not belong to human beings or the objects.What’s more,it is not included in the organ right,the private life interest or the property category.The thesis will prove the correction from three aspects: the differences between human beings and objects,the definition of objects as well as the effctiveness and the science of estimating the attibute of objects.For the embryo cryopreservation may be gestated to a human being,it should be protected as a special transition in legal relations.The fourth part is the controversial problem about the inheritance of embryo cryopreservation.Recognizing the properties of embryo cryopreservation,it is necessary to recognize the correctness of its inheritance.This part will comb the theoretical controversy on its inheritance and some cases about this,and will discuss its inheritance from the aspects of emotion and ethics,the property of material,as well as the existing law.The fifth part is about the legal construction of embryo cryopreservation.This part will discuss how to solve the plight of embryo cryopreservation from the aspects of right adjustment rules and the legislative options and system construction in China in the future.