On The Right To Dispose Of Frozen Embryos

Yi xing lost old man alone for the case of frozen embryos, caused the concern of the community to the frozen embryo in 2014. In the end. the Wu Xi Municipal intermediate people's court ruled that the four old man together to regulate treatment the disposal of four frozen embryos. But how to deal with the four frozen embryos, ruling is not involved. Usually the main treatment of frozen embryos including:storage, destruction, donated to other couples or research institutions. Arrogating is also a way of frozen embryos, but some country including China; expressly prohibit the act of Surrogate. Yi xing frozen embryo competition for the occurrence of the case, is to continue the blood, four elderly people want to get a child, the only-way is a surrogate, and unfortunately surrogacy is forbidden in our country. Therefore, how to realize the legalization of surrogacy study, it is implemented in Yi xing frozen embryos for the case the disposition of the frozen embryos core, also is the core of this paper.To study the right to dispose of frozen embryos, first of all. we should know the legal definition of the legal of frozen embryos, the legal properties of frozen embryos and the basis of the right of the four old man consider to the disposition of the frozen embryo. Our country "inheritance law" clearly defined, heritage is the lawful property of citizens left and four old man hopes through inheritance disposition of frozen embryos, so frozen embryos must be lawful property, which is inconsistent with legal nature of the frozen embryos. Frozen embryos contain characteristics of the potential of life, decided it is neither a man nor a matter, less likely to become the property of the legal, because its the characteristics between the transition between the people and things exist, decided to frozen embryos cannot be inherited. Yi xing frozen embryos for the case, the court based on the protection of the emotional, ethical, and special interest, judgment lost old man alone can mutual supervision and disposal four pieces of frozen embryos. The disposal of frozen embryos needs surrogacy to implement, but the comprehensive ban on surrogacy in our country. Surrogacy legislation at home and abroad in this paper, through the Angle, the principle of disgraceful consideration and infringement three aspects of research, analysis of the legality of surrogate behavior, think that a total ban on surrogacy is unreasonable and illegal, more is not in conformity with the current trend of social development. When husband and wife can't gave birth to the child, the couple through the provision of sperm and egg. cultivating the fertilized egg in vitriol, to transplant the fertilized egg to the third party after pregnancy, the baby is born by both sides of husband and wife for the parents' behavior is legal. Need to point out that the third party and after the birth of the baby, there is no blood relationship, the third party completely voluntary, unpaid accepts the commission of the lawful husband and wife a surrogate, but entrusted surrogate couples can be giver to the third party reasonable scope of compensation. Through speculating on died young couple's living meaning, they can not by embryo transfer to the your uterus completed fertility, under the premise of legal surrogacy, small husband and wife will be through a surrogate mother to achieve the purpose of fertility. Taking into account the special interests of the elderly, who can get the right to dispose of frozen embryos?...