Research On The Legalization Of Egg Freezing For Single Women In China

Currently,single women in China are awakening to their rights and are beginning to fight for the right to achieve fertility independently.The application of assisted human reproductive technologies such as egg freezing offers new possibilities for single women to meet their reproductive needs.However,the Human Assisted Reproductive Technology Specification,developed by the former Ministry of Health in 2003,states that "it is prohibited to perform human assisted reproductive technology on couples and single women who do not meet the provisions of national population and family planning regulations and rules." This makes it impossible for single women to perform egg freezing in China,and it is difficult to effectively protect the reproductive rights of single women,and to a certain extent it also infringes on basic human rights and equality,so there is a separate need to allow single women to freeze their eggs for legal protection.In light of the new changes in the fertility and demographic situation and the new social expectations for the protection of women’s reproductive rights,it is necessary to revisit the relevant provisions prohibiting egg freezing for single women.This paper analyzes the current situation of the application and regulation of egg freezing for single women in China by combining the disciplines of law and medicine,and proposes that China should appropriately allow single women to use egg freezing to realize their reproductive rights,and cautiously incorporate it into laws and regulations to promote the legalization of egg freezing by strengthening legal regulation in the field of civil law,regulating the exercise of egg freezing for single women,and improving legislation in the field of artificially assisted reproduction so that it can bring its intrinsic value into play.In addition to the introduction and conclusion,this paper consists of the following four parts.The first part is the basic theory of egg freezing for single women.By introducing the meaning and scope of single women,the object of this study is introduced.It is then clarified that egg freezing is the act of removing eggs from a woman’s body and freezing them for subsequent use,and it is proposed that egg freezing is a human assisted reproductive technology that is associated with single women.Finally,the nature of egg freezing is analyzed as a way of realizing both bodily rights and reproductive rights.The second part analyzes the current legislative status and problems of egg freezing for single women in China.Firstly,from the perspective of protecting the reproductive rights of single women,the current legislative situation of egg freezing for single women in China is reviewed,and the provisions of the Constitution and related laws,departmental regulations,local regulations and normative documents on the protection of reproductive rights are listed.Secondly,the problems of egg freezing for single women in China are mainly reflected in the following four aspects: Firstly,the lack of special legislation on assisted reproduction has prevented single women from realizing their reproductive rights through legal egg freezing.Secondly,the nature of reproductive rights is unclear,and the controversy over whether it is a personality right or a status right continues to restrict the legalization of egg freezing for single women.Third,the legal status of egg freezing is unclear,making it difficult to resolve the subsequent legal issues that arise.Fourth,fertility is closely tied to marriage,and the combination of marriage and childbirth hinders the realization of single women’s right to freeze their eggs.Finally,the considerations for banning egg freezing for single women are analyzed and argued.The third part argues for the legislative justification of egg freezing for single women in China.This part combines the technology of egg freezing with the real needs,and argues for the legislative justification of egg freezing for single women in China from three levels: theoretical basis,legal basis,and practical basis.It argues that single women’s reproductive rights have a theoretical basis in terms of basic human rights and equality rights;it provides a legal basis for legalizing egg freezing for single women in terms of the importance the Civil Code places on personality rights,the protection of marital autonomy in the Civil Code,and the implementation of the Jilin Provincial Regulations on Population and Family Planning;the formulation and improvement of laws should be adapted to China’s specific national conditions,in terms of the traditional two-lineage parenting model being broken,the expansion of single women’s In addition,the legal basis for the legalization of egg freezing for single women is provided by the implementation of the Jilin Provincial Population and Family Planning Regulations.The fourth part puts forward legislative proposals to legalize egg freezing for single women in China.Firstly,the legal status of reproductive rights,the legal status of egg freezing,and the improvement of assisted reproductive technology service contracts are three aspects to speed up the improvement of sectoral laws and strengthen the protection in the field of civil law to regulate egg freezing.Secondly,while promoting the legalization of egg freezing for single women,it is also necessary to take into account the social reality and make necessary restrictions on the exercise of egg freezing for single women in three aspects: limiting the conditions of subjects,restricting the scope of application,and regulating the implementation procedures to ensure the organic unity of rights and obligations.Finally,on the premise of not violating the national family planning policy,the Measures for the Administration of Assisted Human Reproductive Technology and the Technical Guidelines for Assisted Human Reproduction should be revised in a timely manner,and if necessary,the Law on Assisted Human Reproduction should be enacted to ensure the healthy development of assisted human reproductive technology in China and provide legal protection for the legalization of egg freezing for single women.