Research On Legal Issues Of Frozen Embryos

With the first "frozen embryos inheritance dispute" finished, Wuxi Intermediate People’s Court revoked the first trial and judged that the four frozen embryos were regulated and handled by both parents. The frozen embryos’relevant legal issues went into the public’view. The use and maturation of frozen embryo’s reproductive technology brought gospel to infertile couples. But the legal issues arising from frozen embryos also make the judicial circle of our country face the problem of lack of laws. Because that China’s in vitro fertilization-embryo transfer operation’s time is short, the current laws of frozen embryo are only departmental rules and other regulations. The main purpose is regulating the medical behavior of medical institutions, so the regulations are not from the view of the civil law to regulate the related legal problems. Therefore, the research on the related legal problems of frozen embryos is of great realistic significance and theoretical value of the subject. This paper will be divided into four parts to explain the main legal problems involved in the frozen embryos.The first part discusses the legal attribute of frozen embryos. The legal attribute of frozen embryos is the chief problem that we must solved, because its’legal attribute determines the ownership, inheritance of frozen embryos and damage liability. Based on the domestic legislation and the theory viewpoint, there are three kinds of views-main body, object, the intermediary. In this paper, the author holds the intermediary and the frozen embryos are defined as "quasi object"The second part discusses the question of ownership of frozen embryos. To begin, this part discusses that the nature of ownership of frozen embryos is reproductive right. Based on that, this part discusses the ownership of frozen embryos in some special case, such as, divorce, death. And then this part discusses the disposition of remaining frozen embryos, and there are three main ways, destruction, donated to the scientific research institutions and donated to other infertile couples.The third part discusses the inheritance of frozen embryos. Based on the legislation at home and abroad and the right of inheritance’s basic theory, the author holds that frozen embryos don’t have the right of inheritance and don’t conform to the conditions of heir. So giving frozen embryos inheritance is not realistic and reasonable.The fourth part discusses the legal liability of frozen embryos and are mainly divided into tort liability and contract liability damage of frozen embryos. Based on the discussion of principle of tort liability, constitutive requirements and responsibility, the paper holds the principle of non-fault responsibility. Destruction of frozen embryos not only leads to the value of frozen embryos’material damage, but also infringes the owner’s general personality right and the owner can request compensation for spiritual damage.