Research On The Legal Properties And Disposal Of Human Frozen Embryos

The emergence of human assisted reproductive technology breaks the traditional way of natural reproduction,but a growing number of social disputes and contradictions bring challenges to our country existing law and ethic.Due to the absence of legislation on frozen embryos in China,it is difficult to solve the relevant disputes,which leads to the occurrence of injustice.Therefore,it is of great theoretical and practical value to study the legal nature and disposal of frozen embryos in China for protecting the rights and interests of frozen embryos and making up for the impact of emerging medical technologies on ethics and morality.This paper intends to study the legal nature and disposal of frozen embryos through three chapters.Through case analysis,chapter one puts forward frozen embryos legal attribute and disposal problems,and analyzes the relationship between the legal issues.That is,disposal of study depends on the right ownership issues to clarify.Chapter two defines the research object of this paper by comparing the differences between frozen embryos,preembryos,embryos and fetuses.Through comparative analysis,this paper studies the legislation and theoretical theories on the legal attributes of frozen embryos,analyzes the legislative origin behind the legal system and the reasons supporting the relevant theoretical theories,and sorts out the experience that can be used for reference in dealing with the legal attributes of frozen embryos in China.At the same time,it introduces the theory of legal attribute of frozen embryo in China that is the subject theory,the object theory and the compromise theory.Through the comprehensive analysis of each theory’s advantages and disadvantages and the combination of our country’s law,the author finally identified the legal attribute of frozen embryos as an ethical object.On the basis of solving the legal property of frozen embryo,the third chapter clarifies the ownership of rights.That is to say,the owner of the frozen embryo is the donor couple rather than the medical institution.Through this academic views on the question of frozen embryos inherit,the author demonstrates that frozen embryos can be inherited,points out that the frozen embryos inherit has only indirect possession and has the right to limit the use,and admits a surrogate legal restrictions.On the basis of solving the problem of ownership of rights,taking into account the particularity of frozen embryos and the characteristics of independent reproductive decision,the disposal rules of frozen embryos are discussed according to the four different situations of the donor couple.In view of the independent birth decision,the legal expression of the donor couple should be respected in general,and the legal effect of informed consent should be considered.