Research On Legal Issues Of Attribution And Disposal Of Frozen Embryos In China

With the continuous development of human assisted reproductive technology and widely used,involving the disposal of the ownership of the frozen embryos and related disputes appear constantly,and academic opinions vary on the legal nature of frozen embryos,at the same time in the judicial practice in our country for a frozen embryos have not the attribution and handling system’s decision to guide,this also leads to multiple occurrences of conflicting judgment in the judicial practice.The reason is that China’s laws and regulations on the ownership and disposal of frozen embryos are still not perfect and perfect,and it is difficult to deal with endless problems in real life only by relying on the principled provisions in the Civil Code of the People’s Republic of China and several department regulations.Based on real cases as the background of the judicial practice and into the point,the "frozen embryos" as the research object of the article,in order to give due to the ownership of the frozen embryos and disposal of all kinds of social disputes solution,for the purpose of the first discusses the legal nature of frozen embryos,on the basis of trying to make systemic specification for frozen embryos of ownership and disposal,It has made a modest contribution to the preliminary construction of the legal system concerning the ownership and disposal of frozen embryos in China.In this study,the author firstly analyzed the disputes related to frozen embryos in real life,and concluded that the following problems must be solved first in order to properly solve the disputes concerning frozen embryos in judicial practice: What is the legal nature of frozen embryos? How to determine the rights of frozen embryos? And what to do with the remaining frozen embryos? Then by analyzing and comparing the related theories about the legal nature of frozen embryos,this paper puts forward the viewpoint that frozen embryos should be ethical objects with personality attributes.Since frozen embryos belongs to ethics,so when determining the ownership of the rights of frozen embryos and disposal must follow certain principles,in order to realize the full protection of frozen embryos At the same time for different situations of frozen embryos rights belonging to the systematic idea,in frozen embryos during the marriage of course should be owned by the art of both sides of husband and wife;In the case of divorce,the rights of frozen embryos can be divided into two situations: one is that the gamete parties agree to be owned by one of them or both of them;the other is that the rights of the unwilling party should be fully protected when both parties fail to agree.When one or both gametes die,they should be owned by the spouse of the deceased or by the heirs of both gametes.In order to better realize the value of the remaining frozen embryos,this paper proposes the disposal methods of frozen embryos.It is believed that the frozen embryos can be implanted into the mother Medical destruction and embryo donation are three kinds of disposal methods,and the system conception of each method is attempted.