The Legal Status Of Externally Fertilized Embryo

With the progress of science and the development of artificial assisted reproductive technology,ivf embryos appeared in the country which was beyond our imagination.Due to the factors that the law lags behind our society,ivf embryos was beyond the scope of legal regulation,How to regulate related civil legal relationship,In the practice areas and academia raised a hot wave of discussion,Has not yet come to an conclusion.So in order to solve the related legal relationships,it seens necessary to discussing the nature of ivf embryos.Based on the analysis of the main theories of both at home and abroad,and In combination with the practical situation of our country,Finally put forward the view,looking forward to providing a solution to the situation.The foreign academia formed three mainstream views of the legal status of Ivf embryos,and various theories and each has several branches.Because the earliest artificial assisted reproductive technology used in Europe and the United States,so the legislation and theory on the discussion of issues related to a more comprehensive and mature,analysis of the related theory has great significance for reference.At present,our country on the identification of nature of ivf embryos,mainly formed three theories,In China's judicial practice,the main dispute about embryo legal position is between the object and the intermediate.the article support the object point of view.this paper argues that the recent civil law,can deal with the problems.And ivf embryos into the category of object,did not deny its particularity.Because of vf embryos containing physiological activity,has the possibility of being borned,so the right holder only had the limited right,not allowed to enter into the flow of goods market.the object is the art of couples is discussed in this paper,with their relationship as the clue,analyses the marriage of ivf embryos under different state ownership of the ownership.The informed consent form signed by the couple,the hospital operation and at the same time,the author thinks that only serve as proof of the hospital to exercise the inform obligation,no compulsory execution,when the couple died,shall not be used as a will which is beyond the intention of the couple.Ivf embryos as an object,shall be protected in a special way,at the same time,the existing legislation for the protection of the rule also applies.Ivf embryos carrying the personality interests and property interests at the same time,when it damaged,will involve the issue of damage compensation,from to protect the interests of the couple,the author thinks that in the case of the ivf embryos was damaged,the parties may request compensation for mental damage.Due to the conservative inherent law itself,the problem such as lag and undistributed,now in the scope of compensation for damage is too limited,does not do enough to protect the interests of the couple.the purpose of mental damage compensation is that through the external form of realizing the personality interests,maintenance of the ethical values,through the content to protect this representation content implied in the spirit of personality interests,therefore scope can be extended moderately.the legal statue of Ivf embryos has not been addressed,causeing the judicial referee mess.Therefore,the legal statue of ivf embryos should be in the form of legislation,at the same time learn the experience of foreign related legislation,so as to promote the development of iartificial assisted reproductive technology in China.