Research On Legal Issues Of Human Frozen Embryos

The technology of Frozen embryos generated a lot surplus frozen embryos, which caused numerous legal problems and getting more serious day after day. The property law of embryos including three main theories in academic community, namely the subject theory, object theory and the intermediary theory, dominated by the ethics matter theory in our country. Some scholars advocate to breaking civil law dichotomy theory and adhere to the theory that embryo is conversion from the object to the person. The embryo protection is actually to maintain human dignity, rights as the object of the ethical point of view was able to solve the legal problems of embryonic and provide a better way, there is no need to break the current Civil law system then lists a single conceptual and normative intermediates structure. The embryo was a total of two when embryonic legal marital relationship continues to exist, when the marital relations are changed, the rights generally barren priority to advocate reproductive rights. Although the embryo is claimed to be the subject of legal rights, it shouldn't be used to inherit because of its unique personality.When using donated eggs or sperm in vitro fertilization procedure parent-child relationship problems, parents should be established legal principles on the superior genes of parents. Around surrogacy issues, although there are different theoretical arguments, but still have to adhere to our rules of law prohibit surrogacy.Embryo adoption of theoretical and practical proposition has become a new proposition in the United States. We can also reference from their experience to expand the traditional ways. At the end of this paper I point out the shortcomings of the existing norms, then propose two solutions for current and long-term. The legislature should combine with China's national conditions, start from the social reality and learn foreign legislative experience in order to quicken embryo legislation. Only in this way can we make up the deficiency and maintain forward-looking.