Study On The Legal Issues Of Frozen Embryos

With the improvement of the science and technology, a series of regeneration phenomenon beyond the traditional human ethics begin to appear, frozen embryos, so called new “species”, is one of the most important achievements of science and technology. The academic and judicial began to focus on the legal attribute of frozen embryos, the disposal of frozen embryos and the heritance of frozen embryos. It is an urgent task how to solve these problems. On the basic of topical cases and judicial practices, the article analyzed the legal regulations relevant to the frozen embryos, and drew conclusions and solutions to above problems.The first chapter focuses on several legal problems resulting from the frozen embryo. First of all, the article briefly introduce the human assisted reproductive technology,then analyzes the typical case of the froze embryo in Jiangsu Province, and puts forward three main legal problems, namely the attribute of frozen embryos, disposal and inheritance of frozen embryos.The second chapter discusses the legal attribute of frozen embryos. First of all, the article introduces main foreign points of the legal attribute about frozen embryos, such as the United States, Britain, Japan and France. Secondly, introduces the three domestic points of the legal attribute about frozen embryos,there are the Theory of Subject, the Theory of Object and the Theory of Compromise. Finally, the author agree to the theory of Object of frozen embryos. The third chapter analyzes the disposal of frozen embryos. First of all, the article introduces foreign judicial practices of the frozen embryo from the United States, Britain to France. Secondly, the regulation should allow the parties to change the frozen embryos of disposal agreement in advance according to different cases, especially considers the reproductive rights all of the parties. Finally, in the case of the two parties cannot reach the agreement to the disposal of frozen embryos,the judicial deal with this new kind of disputes. In order to guide social practices, the legal should create arbitrary rules relevant to the disposal of frozen embryos. The fourth chapter mainly analyzes the inheritance of frozen embryos. First of all, the article introduces foreign judicial cases about the inheritance of frozen embryos. Secondly, according to the existing relevant law of our country, there is no clear regulation about the inheritance of frozen embryos. Furthermore there are no prohibitive provisions about the use of embryos as a surrogate in the field.On the basic of the research,the author thinks that the legal attribute of frozen embryos should be the object of material, and frozen embryos should be inherited. Additionally, due to the special of frozen embryos, the heirs have the right to inherit frozen embryos,dispose of frozen embryos, even donate frozen embryos to use for scientific research,but in the same time, the heirs should commit the prohibit regulation. In other words, the heir should not deal the frozen embryo and use it for surrogacy in our country. Furthermore, the article puts forward some legislative suggestions how to improve to the inheritance of the frozen embryos.