Disposal Rules Of Frozen Human Embryo

The research and application of embryo, not only brings hope to many infertile families, and remaining frozen embryos have their extra medical value outside of assisted reproduction. However, while the frozen embryos are widely used in medical area, it brings trouble in specifying the disposal rules of frozen embryos. For instance, China’s first inheriting Case about frozen embryo drew people’s attention to frozen embryos’ legal status and inheritance. This paper will base on the existing legal norms of China and binding legislation in other countries and regions to analyze the legal status of frozen embryos and the different disposal rules to subjectsThis paper can be divided into three parts as followings:The first chapter of this article,a description of frozen embryo’s legal status, has two main points. On the one hand, he difference between biological properties of frozen embryos and egg、sperm、 organs 、fetuses leads to their legal status is different. On the other hand, it is an introduction and analysis of frozen embryos ’s current situation. This section focus on introducing the system of frozen embryo in China’s legislation and three different kinds of domestic academic theory about the attribute of frozen embryos. Moreover, the author try to study about comparative law to work out the legal status and practical problems of frozen embryos in other countries, and then put forward the author’s own view that frozen embryo is a special object.The second part of this paper, an introduction about the disposal rules of frozen human embryo owner, has three arguments. First of all, it discuss about whether the couple are the actual owner of frozen human embryo,especially when there is a third party related. Secondly,when it comes to dispose the frozen embryo,the couple as the owner should based on their joint declaration of will, if they couldn’t,whose interest should be given priority by our law. Finally, It focus on detailed limits of disposal of frozen human embryo.The third part is about disposal rules of frozen human embryo related to other parties, such as medical institutions, research institutions and heir. Different subject has different disposal rules. To research institutions, what is the regulation they should obey. To the heir,if the frozen embryo could be inherited.