Research On Legal Issues Of Frozen Embryo Disposal

With the extensive application of frozen embryos in IVF,more and more frozen embryos are produced to realize the fertility plan of infertile couples.Due to our country lacks the corresponding legal standard in the aspect of frozen embryo(Current regulations concerning legal issues related to frozen embryos are just a few of the departmental regulations issued by the former Ministry of Health),and the current civil law system and its rights and obligations is based on natural sexual reproduction,this naturally leads to the court disoriented and the court judgement are not the same in the face of the frozen embryos disputes.The absence of law will certainly bring more practical problems,in order to properly handle the relevant disputes,we have to start from the source.Based on the analysis of the cases of legal disputes related to frozen embryos in judicial practice,this paper finds that there are the following disputes in the disposal of frozen embryos.The first is whether the husband’s right about embryo will be extinguished if the wife dies.The second is whether the wife can carry out embryo transfer if the husband dies.Third is the husband and wife after the death of the remaining frozen embryo disposal dispute.Fourth is the disposal of frozen embryos in the case of divorce.In order to facilitate the research,according to whether it lose the basic conditions of transplanting,the above disputes are divided into the frozen embryo disposal dispute without losing the basic conditions of transplantation and the frozen embryo dispute with losing the basic conditions of transplantation.The structure of this paper is as followsThe first part is introduction.The social background and theoretical and practical significance of the research content in detail.This paper expounds the research status of legal issues related to frozen embryos at home and abroad,and finds that our country pays too much attention to the problem of legal attribute and neglects the research on the disposal problem which is crucial to practice.Finally,the research method used in this paper is briefly introduced.The second part is the basic information of the case.this paper analyzes four cases about the legal disputes related to frozen embryos based on the focus of the dispute,the thinking of the trial and the result of the judgment,and points out the controversial problems in the judicial practice of such cases.The third part is legal analysis.Combined with the relevant legal theories,this paper analyzes the controversial legal issues of frozen embryos in the above cases.The legal attributes of frozen embryos,the relationship between assisted reproduction institutions and frozen embryos,the disposal question about frozen embryos without loss of basic conditions for transplantation and the disposal question frozen embryos loss of basic conditions for transplantationThe fourth part is conclusion and enlightenment.Based on the legal analysis of the controversial issues in the frozen embryo dispute case,this paper puts forward some opinions on the relevant disposal rules of frozen embryos,and obtains some legislative and judicial enlightenment,hoped that can provide a reliable reference for our country relevant legislation and judicial practice.