Study On The Legal Issues Of Human Frozen Embryos

In recent years,China's infertility prevalence increased significantly,many young couples married for years are still unable to conceive naturally,so in vitro fertilization-embryo transfer technology is widely used,people use body frozen embryos produced in vitro fertilization to achieve the purpose of reproduction.But the problem is that the frozen body of the medical institutions kept frozen eggs more and more.So,these frozen embryo is the thing?What is the right structure if it is the thing?Who can inherit?What is the relationship between human frozen embryos and reproductive rights?How do you deal with a dispute on frozen embryos?How will the remaining frozen embryos be distributed when the spouses are divorced?With this series of questions,this paper uses literature analysis,qualitative analysis and case study to comprehensively analyze the history and current situation of human frozen embryo legal issues,reveal the essence of human frozen embryos,and then for our body frozen embryos legislation and practice Development made some suggestions.Cryonics embryo is not a simple group of cells and tissues,its particularity is that it is the initial state of human life.The article is divided into three parts.The first part demonstrates the legal properties of human frozen embryos.In the introduction of the main body,said the object that the intermediary theory of the three theoretical basis,the human frozen embryos qualitative as ethical objects.The second part analyzes the rights on frozen embryos,including the analysis of ownership rights;And proposed body frozen embryos belonging to matrimonial property,and a detailed analysis of different body disposition of frozen embryos between couples in different situations;To discuss the issue of inheritance,that is,Whether human frozen embryos can be inherited and whether the heirs can be conceived as human problems;And to analysis of human frozen embryos caused by the reproductive rights of conflict and coordination issues;The last part is based on the first two parts of the study on the basis of China and foreign related frozen embryonic legislation to sort out the situation,which proposed for China's frozen embryo legislation to improve the recommendations,which focused on the principles of legislation and embryo donation system.The innovation of this article has two:first,the use of three domestic human frozen embryos related cases analysis after the divorce of frozen embryos are still pregnant family relationship,that is,after the divorce,frozen embryos gave birth to children is the reorganization of the family's wedding Children rather than the original family of legitimate children.Second,this paper suggests that if the husband and wife divorce,in the distribution of frozen embryos and fertility right to protect the issue should follow the principle of protecting fertility weak side.