A Study On The Legal Problems Of Frozen Embryo From The Perspective Of Life Law

As an important link of human assisted reproductive technology, technology of frozen embryos is increasingly mature along with the progress of the Times. It solves the problem of infertility for many families and helps them realize the desire of having children, but at the same time, it has also brought many confusions of legal and ethical.Human assisted reproductive technology successfully applied in clinic opened up a new era of bioscience. It was born a new branch of law in jurisprudence, medical science and bioengineering cross-section:Life jurisprudence. Life jurisprudence focuses on the following issues in terms of frozen embryos:Should frozen embryos be discussed under subject law or property law? Is there any special about the parent-child relationship that formed of implanting frozen embryos? In some special cases, which rules should be followed in disposing of frozen embryos, etc. The discussion of these issues constitutes the main body of this paper.Based on the law of the frozen embryos problem in life jurisprudence perspective as the research object, the main content is divided into four parts:The first part is the discussion of the legal status of frozen embryos. This text thinks that special object is the best one on the basis of comparison and analysis of the subject theory, the object theory and the compromise theory. The second part recommends two parent-child relationship rules:who gave birth to child is the mother and her husband is seen as the father, and analyzes what the technology of frozen embryos impact on the traditional parent-child relationship. This text thinks that we should break through the traditional parent-child relationship rules in some particular circumstances and confirm the infertile couples as the child’s parents. The third part discusses the rules of disposing frozen embryos when divorcing. This text thinks we should protect the one exercises the right not to procreate prior when the conflict of reproductive rights occurred, except it is the only chance that the other side could be a genetic father or mother. The fourth part explores the rules of disposing frozen embryos when one or two of the couple died. This text thinks that frozen embryos should be include in the scope of heritage and inherited by the inheritor. Embryo donation system should be established to protect the benefits of the child when both of the couple died.