Study On The Disposal Issues Of Human Frozen Embryos

BackgroundAccording to the relevant data,China's infertile rate rose from 3%to 12%in 20 years.It's an increase of 9%and a rapid increase.Moreover,due to a lot of families that lost an only child and the comprehensive liberalization of the two-child policy in 2016,China has more demand for test-tube baby technology.But at present,because the laws and regulations on artificial assisted reproductive technology are imperfect in our country;the legal effect is low and the scope of application is narrow;the use and management of frozen embryo technology is often in a state that there is no law to follow,and it has caused problems of law,ethics and morality.In 2013,the first case of frozen embryo in China put the legal issues of human frozen embryos to the forefront,such as the legal property,the disposal ways and the disposal rules of frozen embryos.However,the researchers focused on the legal property of frozen embryos,and the research on the disposal ways and disposal rules of frozen embryos was relatively inadequate.Based on this background,this article first discusses the legal property of human frozen embryos,and on the basis of the clear legal property,the disposal ways and disposal rules of frozen embryos are researched in depth.ObjectiveBy discussing the legal property,the disposal ways and disposal rules of frozen embryos,in one hand,it can provide the theoretical support and decision-making reference for perfecting the legislation of frozen embryos in China.In the other hand,in the case that the laws and regulations on artificial assisted reproductive technology is imperfect in our country,the research of this article can provide a way of thinking for judge's judgment from the perspective of public order,social ethics,emotional morality and so on.MethodsLiterature analysis:this paper is based on a large number of literature review,collation and analysis from beginning to end.Semantic analysis:in this paper,the key words such as artificial assisted reproductive technology,artificial insemination,in vitro fertilization,and frozen embryo,are clearly defined and analyzed.Case analysis;by referencing some classic cases at home and abroad,this paper discusses the judge's attitude and the theory of the legal property toward in vitro fertilization from different countries or regions.Comparative analysis:this paper compares and analyzes the relevant laws and regulations or judicial precedents of the UK,the USA,Germany and Japan on frozen embryos,and draws the essence on the disposal of frozen embryos.Empirical analysis:based on China's national conditions and the existing laws and regulations,and combining with the foreign related legislation and judicial practice under cultural traditions and religious beliefs,this paper researches the disposal ways and disposal rules of the human frozen embryos.ContentThe legal property of frozen embryos is the basis of studying the legal and ethical issues of frozen embryos.So this paper first discusses the legal property of frozen embryos.As the frozen embryos have both the basic characteristics of objects and the potential lives and personality,this paper defines the legal property of frozen embryos as ethical object.Based on that the legal property of frozen embryos is ethical object,this paper further discusses the disposal ways of frozen embryos,including preservation,implantation,donating to infertile couples,inheritance,limited legal surrogate,using in scientific research,destruction.Based on that the legal property of frozen embryos is ethical object and frozen embryos have seven disposal ways,and under the guidance of the frozen embryo disposal principles,such as principle of contract autonomy,principle of mutual agreement and principle of interests balancing,this paper probes into the disposal rules of frozen embryos in five cases,such as the case of marriage,the case of divorce,the case of that one of the couple is dead,the case of that both the husband and the wife are dead,the case of ownerless frozen embryos.ConclusionThe legal property of frozen embryos is ethical object,which has the highest quality of the object and enjoys the legal protection after the person,and their essence is the object of law.Anyone should respect their potential lives and personality,and cannot arbitrarily control them.Based on that the legal property of frozen embryos is ethical object,the frozen embryos have seven disposal ways,including preservation,implantation,donating to infertile couples,inheritance,limited legal surrogate,using in scientific research,destruction.The disposal principles of frozen embryos,namely principle of contract autonomy,principle of mutual agreement and principle of interests balancing,guide the disposal rules of frozen embryos in five cases.In the case of marriage,the disposition of frozen embryos is mainly based on the common willingness of both husband and wife.When the marriage relationship is broken,the disposal rules of frozen embryos can be divided into three cases.In the first case,if the couple can reach a mutual agreement,the frozen embryo will be disposed according to the agreement.In the second case,if the husband and wife fail to reach a mutual agreement but sign a contract in advance,the frozen embryos are disposed according to the contract.In the third case,if the couple neither agree nor sign a contract,the frozen embryos are disposed according to the principle of interests balancing.When one spouse dies,the frozen embryos are owned by the other party.If the couple sign the contract in advance,the frozen embryos are disposed according to the contract.If no contract is signed,the surviving party will decide the disposal way of the frozen embryos.When both husband and wife are dead,the successor can inherit the frozen embryos.If the couple sign the contract before their death,the frozen embryos are disposed according to the contract.If no contract is signed,the successor decides the disposal way of the frozen embryos.As for the disposal rules of the ownerless frozen embryos,this paper suggests that medical institutions exercise the right to dispose of the frozen embryos,but the medical institutions can only use frozen embryos for scientific research or destruction.