On The Right To Dispose Of Frozen Embryo In The Divorce Of Husband And Wife

Frozen embryo, as a new developing thing, has challenged people’s understanding of the traditional theory of law, which is not very comprehensive at this moment, and the treatment of frozen embryos is just at the exploratory stage.The properties of frozen embryos had decided this is a complex process, and the mainstream view of the academic circles to its legal attribute are "the main body", "the object theory "and the "compromise theory".On the basis of the recognition of the "object", this article believes that the frozen fertilized embryos are the common things that can not be separated from the couple. Since the frozen embryos are generally formed during the duration the relationship between husband and wife, the divorce of husband and wife will invisibly increase the difficulty of disposal. When the couple divorced,whether the frozen embryos can continue to breed, save, gift or destroyed are facing problems.It is worth considering whether the agreement made by the husband and wife in the assisted reproductive surgery.At the same time, the divorce of couples will remain a lot of "forgotten" frozen embryos, whether these medical institutions have the right to dispose them is also worth discussing. How to make frozen embryos are properly disposed of at the time of the couple’s divorce both legally and reasonably, and to make the frozen embryos fully utilized that both husband and wife can achieve the degree of acceptance is the core of this article.In this article, firstly, the author puts forward the problems faced by the current in the treatment of frozen embryos by combining with the typical cases. Then through the property of frozen embryos, agreement between husband and wife,the consideration of law and reasons, and the imprecise regulation towards frozen embryos to point out the reason of the frozen embryos disposition problems encountered when the couple divorced.According to the reasons of problems,referring to the typical cases and legislation of foreign judicial practice, combined with the actual situation of our country.the author put forward that on the basis of the existing rules and situation in our country.we should improve the regulation and respect the principle of the autonomy of the parties.At the same time, it seeks the balance between law and reason in order to perfect our country’s suggestion on how to deal with the frozen embryos when the couple divorced,and provide some references to solving this kind of problem in the judicial practice in the future.