Research On The Ownership Of Frozen Embryo

Frozen embryo is one of the outcomes during assisted reproductive technology. That particularity and ethic meaning of frozen embryo ask for special protection from the law. The most controversial issue is who should own the right of frozen embryo. There are only few regulations in our country which are lack of effectiveness to respond to the practice needs under the background of the fast development on artificial reproductive technology. It is necessary to study the character and ownership of frozen embryo in law. As to the legal nature of frozen embryo, there are three theories in the academic circles, including subject, object and compromise theory. These three view points argue on whether frozen embryo is “human being”, “object” or between them. Because of the obvious defects on subject or compromise theory and that object theory can meet the demand of legislation and practice, frozen embryo should be determined with civil object and then confirming its ownership on this basis. When confirming the owner of frozen embryo, three points should be considered which are the public order and good custom, the value of life and the autonomy of will. When deciding the ownership of frozen embryo, we need to consider whether there is an appointment between the parties. If there is one, then the first step is to check the parties’ willing, besides, the parties should be allowed to cancel the appointment or contract. If there isn’t any appointment, then we need to think about the provider’s reproductive rights after they get divorce, the inheritance after their death, the destroy when no one advocates their rights on frozen embryo. The stipulation of ownership should not only be reflected in theory circles but also be ensured by law. The legal rule is ought to contain the points as follows: the protection mechanism, the sure character and ownership, the storage life, the parenthood and the limitation on inheritance, donation and medical research.