The Study Of Legal Attributes And Protection Of Frozen Embryos

With the artificial assisted reproductive technology widely used, bringing a lot of infertility family good news, but also caused a lot of legal disputes. Jiangsu Yixing frozen embryos case in 2014 caused a big academic discussion, while the news of a large number of frozen embryos were dumped by domestic hospitals were emerged, this kind of situation reflects our country lack of law related about frozen embryos, the frozen embryos legislation has become a top priority.Because of the premise, the first part of the study introduces the definition of frozen embryos, analyses the Yixing frozen embryos case to propose the questions: what is the legal attribute of frozen embryos? How to deal with frozen embryos by taking legal protection? The second part introduces about the legal nature of the frozen embryos of different theories abroad, there are mainly three theories, subject theory, object theory, intermediary theory, and the different views of legal science in China. Through comparative analysis, the author defines frozen embryos as potential personality attributes of personality, it belongs to the category of the object, and potential personality characteristics at the same time, different from the special on the civil law, it shall be protected by more stringent. The third part, analyzing the out-domain method in the United States, Germany, France and Taiwan on protecting frozen embryos of all legal norms and judicial precedent; The fifth part discusses the construction of legal protection of frozen embryos in our country, for the legal protection of frozen embryos has several aspects: the owner of the frozen embryos have ownership and disposition of the embryo, but should be limited in legitimate purpose fertility and scientific research; When frozen embryos are destroyed its owner can claim the personality interests damage, asking for compensation for mental damages; Frozen embryos should be strictly limited in the scope of obligee inheritance; Based on considerations of safeguard the interests of all parties, to processing of frozen embryos should also be divided into different ways, however artificial reproduction should be banned after the death of parents.