Study On Legal Issues Related To Frozen Embryos

With the progress of the development of science and technology and medicine, human assisted reproductive technology is increasingly mature, for infertility patients brought the Gospel. Human assisted reproductive technology is mainly divided into artificial insemination and in vitro fertilization and embryo transfer technique and its various derived technology two kinds. Frozen embryos that is generated by the application of in vitro fertilization-embryo transfer technology process.Technology of frozen embryos are extracted from the donor sperm and egg fertilized egg, embryo, blastocysts in a liquid nitrogen medium and long term cryopreservation-196℃, the stationary growth, and not damage its internal structure and function, to the frozen embryos when necessary recovery, as well as fresh embryos can be used for embryo transfer. The advantages of this technology has the following points:on the one hand, the women’s natural menstrual cycle thawed embryos can be chosen in order to improve the success rate of conception and transplanted them into women’s bodies; On the other hand, embryo transfer even if unfortunate failure can still use frozen embryo transfer again, avoid to stimulate ovulation drugs increased women pain.With in vitro fertilization-embryo transfer technology has been selected by more and more infertile patients, frozen embryos not only faced with the ethical torture, legal issues they bring constantly presented. Such as divorce, go where all the frozen embryos; How to dispose of surplus frozen embryos; The death of both spouses, the possibility of frozen embryos is inherited; Frozen embryos can be a surrogate and so on. And to solve these problems will depend on the correct legal characterization of frozen embryos.Based on the law of the frozen embryos problem as the research object, the main content is divided into four parts:firstly, mainly fastidious main theory about the properties of the frozen embryos law both at home and abroad, and puts forward the legal status of frozen embryos; Secondly, the prior agreement properties of frozen embryos, when a couple divorce disposal principle and remaining frozen embryos disposal way put forward the main points; Thirdly, emphatically reviewed about frozen embryos succession community of positive and negative two kind of sound, and puts forward views on the problem and reason; Finally, draw lessons from overseas about frozen embryos surrogacy legislation and judicial practice, to explore the problem of the legitimacy of the frozen embryos.