Study On The Legal Attribute And Protection Of Human Frozen Embryos

The case of dispute over inheritance of cryopreservation of embryo in Wuxi, Jiangsu Province is the first legal case in that area which has been subjected to judicial procedure. Based on comprehensive considerations of moral principles, sentimental reasons, and special interests, Wuxi Intermediate People’s Court adjudicates that 4 old men who have lost their only children have a joint right to supervise the frozen embryo, which is also under their common disposal. It has drawn a wide attention from experts and scholars of various fields, and the public, because that case touches upon some heated topics, such as tube baby, surrogate births, and families that have lost their only children. However, there are still a number of unsolved problems, for example, the characterization of the frozen embryo, legal basis of inheritance, and human ethics. Concerning the characterization of the frozen embryo, four mainstream viewpoints are widely accepted, and they are: theory of defining the subject, theory of defining the object, theory of defining the third-party, and theory of defining the organ ownership. The frozen embryo is a special substance which enjoys a possibility to create a life in the future. It deserves a “special respect”, meaning enjoying more respect than other human organs. The subject of right belongs to husbands and wives who want to get children through vitrification. They have a limited right on determining the use of their frozen embryo. The practice of that limited right should be based on their consensus, and under restriction of law and moral principles. When husbands and wives die, the inheritors of frozen embryos enjoy limited rights on inheritance, personality interest, and disposal. This paper gives advises on improving the regulation system on vitrification and embryo donation, defining researching areas on cryopreservation of embryo, and forming a well-designed system on adopting frozen embryos. It also put forward suggestions on the legalization of surrogacy. Those measures will help to preclude violations of law, reaching a balance among embryo providers, frozen embryos, and the society.