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Study On The Disposal Rules Of Human Frozen Embryos

Posted on:2020-07-09Degree:MasterType:Thesis
Country:ChinaCandidate:Y WangFull Text:PDF
GTID:2416330578960168Subject:Science of Law
Abstract/Summary:PDF Full Text Request
In the context of the continuous development of the social economy and the continuous adjustment of national policies,human assisted reproductive technology is becoming more and more popular in clinical applications,,which is a more effective way to treat infertility.The use of "in vitro fertilization-embryo transfer" technology has also produced a large number of human frozen embryos,and triggered a series of legal disputes in the treatment of frozen embryos between husband and wife.How to define the attributes of such embryos and how to establish the rules for the disposal of frozen embryos has become one of the hot topics discussed in recent years.Whether the frozen embryos are a subject or an object or an intermediate of "non-human beings" is a prerequisite for establishing a frozen embryos disposal rule.Because it requires the development of the vector and does not have the autonomic characteristics of human tissues and organs,it is not appropriate to define frozen embryos as a subject.The concept of "intermediate" is also too advanced.It's more like something created for definition,and it is inoperable in reality.Considering the ethical nature of frozen embryos and their dormant and disposable properties,defining them as special is the best choice.On this basis,the principles and established rules for the disposal of frozen embryos must focus on the attributes and ethical characteristics of their attribute as an object.While respecting the consent of the husband and wife,we reserve the right to exercise judicial discretion through interest measurement in specific cases.At the same time,in view of the increasing number of couples having a baby by using assisted reproductive technology and the increasing pressure on the preservation of frozen embryos in medical institutions,we should pay attention to the rational use of social resources and legally grant medical institutions the right to dispose of frozen embryos in specific circumstances.In real life,when the marital relationship is broken and one or both of the spouses are gone,it is necessary to make a decision on the destruction or preservation of frozen embryos.The growing controversy over the disposal of frozen embryos has also brought the question of how legislation and justice should be directed in this situation to the forefront.Under the premise that the frozen embryos have special object properties,the frozen embryo can be disposed by the consent of both parties when the husband and wife are alive.It will be more scientific to determine the ownership of frozen embryos and to dispose of frozen embryos,supplemented by the way that measure justice and protect the weaker parties.Although the frozen embryos are shared by both husband and wife,when one party is gone and the other is alive,the frozen embryos cannot be separated.And the other party has the closest connection with the frozen embryo,so the other party should have the right to dispose of the frozen embryos by himself.Whether frozen embryos can be inherited after the death of both parties has become a new controversy.Since it is an object and has family genes,inheritance is possible.However,according to the national conditions of China,the disposal of frozen embryos by the heirs should be strictly restricted.
Keywords/Search Tags:Frozen Embryo, Legal Attribute, The Disposal of The Rules
PDF Full Text Request
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