Legal Thoughts On Inheritance Of Human Frozen Embryo From Constitutional Perspective

The first case of Human Frozen Embryos Inheritance in Yixing city, Jiangsu province has received widespread concern because of its novelty. This case, lacking applicable law, stirs introspection due to different results of the first and second judgment. As human frozen embryos contain human genes and household bloodline, individual and emotional benefits should be considered processing such a case. After the death of the embryos’ owner, it is a controversial issue to deal with embryos. Some scholars believe that inheritance system can be applied to frozen embryos while some scholars think otherwise.The fundamental reason that scholars disagree on this subject is the different definitions of human frozen embryos. If embryos are regarded as an object, it implies that it can be inherited; if embryos are regarded as human being, then it cannot be inherited. Additionally, there is a compromising viewpoint that human embryos stand between human and objects.The introduction of the thesis introduces the case to analyze new problems in the field of ethics and law in external fertilization and embryo transplantation technology. The writer is introduce two cases in Germany and America,inclined to Object Theory, defining it as an object with personality among Subject Theory, Object Theory and Compromising Theory in second part. The third part refutes reasons that embryos cannot be inherited. In addition, in the fourth part of this article,the writer analyze the problem at the constitutional view. From the constitution point of view, found constitutional rights for frozen embryos inherit.The last part carries on the fundamental duties of states in embryos inheritance. Embryos, as a special human life, differ from other general objects and cannot be arbitrarily disposed. First, principle of respecting the departed, public order and morality should be insistently practiced. In addition, the disposal of embryos should respect the right of self-determination of relatives without disobeying laws and regulations. When it comes to the inheritance system, the medical institutions should fully inform of relatives concerned before a decision made by them. As kinship has closest ones, embryos inheritance should also adhere to kinship closeness order. In addition, embryos should be in a supervised disposal system with three ways of disposal restricted in destruction, donation and continual preservation. Last but not least, medical ethics committee in hospitals and administration department should supervise the disposal of human frozen embryos occurred in their hospital. Every party may lodge a lawsuit when there is objection in a conclusion made by the committee and administration department.