The Legal Attribute Of Frozen Embryos And Right Exercise Rule Research

frozen embryos is in in vitro fertilization-embryo transfer occurring in the process of the field of assisted reproduction technology application and practice of frozen embryos right ownership and the right to exercise the disputes more and more, be solved. About the legal attribute of frozen embryos have said main body, object, mediation, the moral main body said four ideas. Content is divided into the ethical content, special content on civil law and common three types, such as frozen embryos from the organs and tissues of the body as ethics, with personality attributes can reflect its special legal attribute and legal status, can get the full protection of civil law, and therefore there is no need to be defined as the main body, also it is not necessary to create the third type of civil law between subject and object of the basic category. Frozen embryos, shall be the subject of artificial assisted reproductive technology couples enjoy the ownership of the embryo. Would-be parents and through the operation in producing frozen embryos of husband and wife is the holder of the frozen embryos, have restricted the ownership and frozen embryos themselves say, right exercise should be both sides talks things over consistent, and restricted by law and the disgraceful consideration. Human assisted reproductive technology establishment of frozen embryos of wills the ownership dispute resolution has important practical significance. Since the legal attribute of the frozen embryos as ethics, so in the ownership of the person dies, frozen embryos as heritage, of course, is the heir to the inheritance. Just because of personality, frozen embryos with potential based on the protection of its the inheritance should be limited. Court when frozen embryos of ownership disputes, shall be based on party autonomy, give priority to protection of rights and interests of women, but also the benefit man, consider ethics, emotion, the special interests to protect three principles as a benchmark to make decision. Practice in China, the huge demand for surrogacy and contradictions of our country law expressly forbids all surrogacy suggested legislation in our country should make a breakthrough in the case of limited to protect the interests of all parties.