Frozen Embryos Inheritance

The first frozen embryos from inheritance dispute caused by the society, it can be seen that the legal problems caused by frozen embryos solution is imminent.Though the case has been settled, to determine the couple parents shall have the right to supervision and disposal of frozen embryos, but its caused by the legal property of frozen embryos and its can be inherited this legal problem is not solved.At present, for frozen embryos legal attribute academic circles have not form a unified understanding, there are three kinds of theories, including the main body, object said, and said in the middle. Subject said that human life begins at fertilization, therefore, frozen embryos should be seen as a limited person.said the object will be frozen embryos as a special kind of substance and middle said broke the basic dichotomy theory of civil society, advocates a third type of material to be built between people and things.Frozen embryos is analyzed in the continuation of the family line and to the spiritual comfort, And analyzes its in to possess, utilize and dispose of incomplete property rights and other rules of the particularity of power, frozen embryos should be treated as a special kind of thing, combined with the characteristic analysis of the proposed holder the right to frozen embryos restrictions and rules. Embodies on the rules of exercise for the particularity of fertility behavior should be considered and the specific demands of all parties concerned, which make the specific interests are balanced. Secondly, through the analysis of the extraterritorial legislation and judicial practice, summed up to determine the rights belonging to the principle of frozen embryos.Both want to consider both sides reach the agreement before both sides will weigh all circumstances of reproductive rights, and be restricted by law and the disgraceful consideration. Finally the paper discusses the inheritance analysis of frozen embryos and heir to the inheritance of specific operation.Points out that frozen embryos are owned by a natural person legacy of personal legal property and its inheritance in accordance with relevant laws and regulations of our country,also in conformity with the life ethics and social morality.So it should be inherited.At the same time, analyzes the existing inheritance ways,That frozen embryos can only by the first sequence is not applicable statutory successors to inherit turn inherit and subrogation inheritance. With reference to the holder of the right to exercise the limit of frozen embryos, then heir the restriction on the rights of the frozen embryos.