An Analysis On The First Case Of The Ownership Of Frozen Embryos In China

Advances in technology of IVF (in vitro fertilization-embryo) provide infertility of people with the opportunity to give birth to babies. Embryo is a part of the body within in the matrix. While it is deposited in a manner of freezing and not inside the matrix, the legal attribute of frozen embryos has controversy on whether they are objects, because of their human’s life potentials. Being in the absence of the existing legal basis, the case has had tremendous disputes, which is the first controversial case of ownership to frozen embryos in China, such as the legal attribute, the inheritance and disposals of frozen embryos. Firstly, frozen embryos in the biological sense have the potentials for real life in future, but they don’t have sociological characteristics of human beings, because of their separation from the body-part. Based on that they cannot become "Human beings", they should be defined as objects, actually ethical objects because of their ethics. Secondly, since frozen embryos are ethical objects, they should be inherited and disposed. To respect frozen embryos, their life potentials and personality interests, the right of frozen embryos for heirs must be restricted. Finally, with regard to the effect of contract that the dead couple and Gulou Hospital signed should end up with the death of one contracting party. Meanwhile, the informed consents for disposals of the remaining embryos are the standard terms that would be invalid, therefore Gulou Hospital has no right to dispose these frozen embryos, and they should be returned to the heirs of the death couple. With the widespread use of artificial propagation techniques, there would be more legal disputes. So it is necessary to make clear regulations to avoid the legal attribute and ownership of frozen embryos on the legislation.