The Legal Status And Principles For Disposition Of Frozen Embryos

The case occurred in 2014 in Yi Xing city concerning inherit of frozen embryos attracted the attention of the whole society.This thesis intends to make an analysis on ‘frozen embryos' and tries to clarify the legal status of the frozen embryos,and accordingly provide certain principles on its disposition.This thesis is composed of three sections.It begins with an Introduction,elaborates in the Second Part---Body,and concludes in the Third Part.Problems and backgrounds are posed in the Introduction part,and therefore the subject of this thesis is pondered and determined.The domestic and abroad status quo of related issue is brief explained,and so are the purposes and methodology of the whole writing.The Second Part,which includes four sections,starts with the definition,followed by analysis of three main theories.Subsequently,four refined factors are summarized,which leads to the determination of legal status of the frozen embryo.At last,three principles for the disposition have been proposed.The First Section,the Summary of ART and Frozen Embryos.The general categories of ART and the necessity of frozen embryos in the process of IVF have been explained,and frozen embryo is defined as the pre-embryo from fertilization to implantation into the uterus.The Second Section,the Analysis on the Three Theories of the Legal Status of Frozen Embryos.Three main theories were introduced and analyzed in this section,which are the right to life,the property view and the interim status.The Third Section,the Factors of the Description of the Legal Status of Frozen Embryos.Four standards underlined to explain the legal status of frozen embryos,which are the biologic characteristic,the moral status,social and policy influence and legal system.As a conclusion,frozen embryos should be a property deserved special respect..The Fourth Section,the Principles for the Disposition of Frozen Embryos.The principles are the special respect principle,the contemporary mutual consent principle,and the balance test.The Conclusion Part summarizes the whole thesis,makes a further statement of other related issues of frozen embryos,and underlines the significance of the fixed legal status and the guidance of the principles.