Research On Several Legal Issues On Assisted Reproductive Technology

Because of the rapid development of the society,the deterioration of the living environment and the increase of social work pressure,more and more couples infertile because of various reasons.The birth of assisted reproductive technology(ART)brings the Gospel for the infertile couples,but also brings a lot of legal problems.The regulation about the human fertilization embryo is almost blank in our country law,so the final trial results also have bigger differences because of the lack of legal basis in judicial trial.At the situation that the current laws and regulations are not sound enough,I learn from the foreign legislative experience,compare and analyze a lot of classic cases of frozen embryos domestic and overseas.Then,I will put forward feasible suggestions on how to perfect the relevant laws of fertilized embryos according to the actual situation of our country.This paper begins with the case of Wuxi frozen embryos,compares and analyzes the case’s first judgment and final judgment,then comprehend the problems that the paper will discuss :The legal attribute of the frozen embryos;The nature of the human assisted reproductive medical informed consent;The disposal of the frozen embryos which is under the special circumstances.Academic circles exist three mainstream theories about the legal attribute of the frozen embryos,"the main body","the object" and "the mediation".After the analysis of the three theories’ advantages and disadvantages one by one,this paper defines the legal attribute of frozen embryos as the”object”with the high ethical characteristics according to Chinese current legal,ethical code of ethics and the doctrines of Chinese scholars.And the “object”with the high ethical characteristics needs more respect and protection to protect the potential personality of the frozen embryos by the law.After the death of one person of the couple,the frozen embryos can be inherited by the husband or wife which is also alive.And after the death of both two,the frozen embryos can be inherited by the closely relatives.No matter which kind of situation happens,the inheritance rights should be limited.There is not the embryo legislation in our country so far,this paper lists the classic cases about the disposal of embryos which is from our country and western countries,such as the United States,Australia,UK and so on,then analyze comparatively and summarize the disposal of the frozen embryos based on the judicial practice experience which is from the mature national legislation.The paper makes suggestions on the disposal of the frozen embryos when the couple divorce,dead one death or both.The last call for developing the special human embryos act in our country when the conditions are ripe,improving the system of disposal of the frozen embryos,setting up a sound system of saving and destroying the frozen embryos,solving the problem how to dealing with the frozen embryos that is more than retention time or fails to pay;To establish the frozen embryos management institution which equipped with professional medical technical personnel and supervision personnel,formulate the special ART management regulation.The innovation points of this paper is to combine our country existing legal norms,carries out a study to compare the ART medical informed consent with the commission contract,the contract of hired work and the employment contract.Then the paper defines the ART medical informed consent as a complex medical service contract,and summarizes the characteristics of the ART medical informed consent.I suggest that the law should increase disposal of the frozen embryos in the medical informed consent and force the couple to make the choice of the disposal of frozen embryos when the couple divorce,the death of one or both of the husband and wife.