Study On The Embryonic Supervision Right Of Donors

The legal attribute of human embryonic is the most important problem.For it,the academic community holds main three ideas:subject,object and mediation theories.Among them, mediation theory breaks the traditional civil law’s two supports: people and objects; mediation theory is becoming the general doctrine. Accordingly, human embryonic needs new regulations.Donors’ supervision right of human embryonic is one of them. The so-called supervision right of donors refers to planning,decision-making,coordination and control of human embryonic.As for the nature of donors’ supervision,we should regard it as identification right because of the special relationship between human embryonic and donors;As guardianship and supervision right are all identification rights,so we can draw lessons from it.The contents of supervision right include the creation,preservation, abandon, donation, scientific research,implant,supervision and legal responsibility of human embryonic. The relationship between donors and IVF institutions, embryo genetic privacy protection and liability of violating embryos are the key points of supervision right. When the embryo is in the period of preservation,we should analyze three different situations:one death,two death and divorce of donors.