Study On The Legal Problems Of Frozen Embryos

In recent years,the sterile people has increased a lot,which makes the demand of potential market in IVF has been greatly expanded.Frozen embryos conserved in medical institutions become more and more,that has caused continual legal disputes.While,there's no clear legal basis to adjust these issues in our legal norms.The matter of law's application and legislative work is also exigent.This thesis is based on the background of these problems.At the beginning,it introduces the study scope and status of frozen embryos.,and proposes some practical problems about frozen embryos.The second chapter defines the legal attribute of frozen embryos.The author will utilize the "personality" proposed from Professor Leng Chuanli to classify frozen embryos through the comparative study of three main theories: human beings,object and medium.The third chapter confirms the rights about frozen embryos.The author determines frozen embryos as "objects",so that the embryonic owner has the proprietorship of frozen embryos,which will be limited because of the life properties and personality interests in frozen embryo.The frozen embryos should be able to be inherited as heritage.But frozen embryos have no right of succession.The fourth chapter clears the validity of the agreement to dispose frozen embryos from husband and wife and from couple and medical institutions,sets specific disposing rules with distinguishing different circumstances,and determines the duty of medical institutions for their breach of contract.The fifth chapter provides some conception of the legal system for frozen embryo disposal.First of all,determine the tort liability for the damage of frozen embryos and emphasize the special protection in the damage to the interests of embryos during freezing period.Next,introduce the adoption system in the United States,establish more practical frozen embryo donation system,and put forward conception to the legal.Finally,put forward some feasible ideas on ethical issues and conflicts which embryo donation system may face.