Legal Regulation On The Application Of Preimplantation Genetic Testing

Due to the influence of multiple factors such as increased pressure of life and delayed childbearing age,the number of infertile couples in China is showing an increasing trend.At the same time,with the release of the three-child policy,the corresponding measures are accelerated,and assisted reproductive technology is in a new development.Compared with the old assisted reproduction technology,pre-implantation genetic testing technology can prevent pregnancy with genetic defects while treating infertility,and improve the successful rate of IVF.Compared with prenatal diagnosis,risky assessment of genetic diseases and other related diseases before childbirth can help couples choose more suitable embryos,can reduce the probability of inducing labor of children,can reduce birth defects after birth,and thus reduce the physical and psychological burden of infertile couples.Although pre-implantation genetic testing can greatly improve the probability of couples to have healthy children,abusement may also occur in the application,that is,resulting in legal chaos.Therefore,it is necessary to conduct an in-depth analysis of the legal issues arising from the application of pre-implantation genetic testing from a legal perspective and make legal regulation.This paper is divided into five parts.The first part introduces the basic concept and applicable types of preimplantation genetic testing,as well as the basic diagnosis and treatment process including genetic counseling,make and implement diagnosis and treatment plans.In addition,the value of preimplantation genetic testing is discussed,mainly including medical value and closely related legal value.The second part mainly discusses the status of pre-implantation gene testing and points out the shortcomings of the status.The third part analyzes the legal problems caused by the application of preimplantation genetic testing.When big data and new sequencing technologies are applied to genetic counseling,the rights and interests related to genetic information of infertile couples will be threatened to a large extent.At the stage of making diagnosis and treatment plans,assisted reproductive institutions and parents will choose to make treatment plans to give birth to saviour siblings for sick children,which will also cause legal risks such as intergenerational justice,human dignity and conflicts of rights and interests of the children.When the doctor’s theoretical analysis is completed,the diagnosis and treatment plan will be implemented.Due to the complexity of technical operation and the negligence of the doctor,there will be cases of error migration of embryos with disease genes or improper information of embryos,which will result in giving birth to unhealthy embryos,and result in the problem of wrongful birth.The fourth part analyses the regulation status of extraterritorial preimplantation gene testing and the beneficial extraterritorial experience.On the basis of the previous four chapters,the fifth part proposes to improve the collection and processing process of genetic information for genetic counseling,formulate the applicable conditions and regulatory system for savior siblings,and the regulation suggestions,such as the dignity value of life of wrongful birth and the rationality of compensation,so as to deal with the legal problems arising from the application process of pre-implantation genetic testing.