Frozen Embryos' Safekeeping And Disposal Of Legal Issues Research

The article's source is from the ownership dispute of frozen embryos of deceased couple who are from Wuxi.The reason of concern from the community is not only this is the first case of frozen embryos inheritance but also there are not clear legal provisions on legal property,regulatory,storage and disposal problems of frozen embryos in China until now.This article mainly divided into four parts.The first section of the article introduces Chinese current laws on property of frozen embryos do not explicitly state,there are three theories in the academic community-the main body said,object said,compromise said.The "main body said" thinks that the frozen embryos belong to people and should have civil rights and civil capacity of natural persons.Scholars who hold this view believe that a human originates from the fertilized egg,when sperm and egg band together they will have the potential to develop into a human,frozen embryos should enjoy all the rights and obligations of natural persons."Object said" thinks that the frozen embryos,other objects out of the body's organs and tissues belong to the civil law system,namely thinks that the frozen embryos have the attributes of object.The "Compromise said" thinks that the frozen embryos are neither people nor subject.They are special concepts between people and subject.The second part introduces the storage and disposal of frozen embryos exist many problems in our country.As the law does not determine the legal property of frozen embryos,unable to determine its succession issues.Many hospitals keep frozen embryos appear the problem that nobody claim them overdue.In our country infertility is increasing.And then generate a black chain can not be ignored.The third section introduces because of the difference of cultural backgrounds,ethics,legal thought religion and population policy,the storage and disposal of frozen embryos in our country are not the same as other countries.This paper mainly describes our country and the different provisions of the United Kingdom,the United States,Germany,France and other countries.The fourth part introduces dispute on frozen embryos is rising.The case is not so much complex dispute,but rather that legal property issues concerning the freezing of embryos is not resolved,that is the mainly reason to impede the progress of the case.Therefore,we must first clarify the legal property of frozen embryos.Secondly,we can regulate the methods of custody and disposal of frozen embryos to guide people,for example,we can continue to save on the hospital,gift to others,destroy,donate for scientific research and surrogacy etc.But surrogacy is banned in our country at present,with the development of society and driven by the urgent needs of social reality and the international forefront,the surrogacy issue must be newly regulated.Surrogacy that is not contrary to the public interest can conditionally be allowed.Commercial surrogacy must be prohibited and strictly regulated.