Research On Legal Issues Related To Frozen Embryos

As China's first case of human frozen embryos,Yixing frozen embryo case,causing widespread concern of the general public and also being the hot topic among theorists.Taking the case as an entry point of the whole article,this paper will discuss the three core issues,namely,the definition,inheritance,supervision and disposal of the legal attributes of frozen embryos.The three issues mentioned above are expected to be incorporated into China's legal norms as soon as possible to promote the healthy development in the field of artificial reproduction in the near future.The definition of the legal attributes of frozen embryos is a prerequisite to solve the other two issues.Thus,at the beginning of this article,a detailed discussion has been made on the theory of the main body,the object and the intermediary as well as their deficiencies.The author treat it as an ethical,which can not only be distinguished from the legal sense of the natural person,but also effectively to protect their own personality.Besides,there is no need to create the intermediary theory of non-human and non-material.Secondly,according to the relevant provisions of China's "Inheritance Law",the rationality of the frozen embryo as an ethical object which can be inherited from the perspectives of jurisprudence and reasoning has been analyzed,and it is necessary to deny that the inheritance will violate our family planning policy and cause the problem of illegal surrogate.Finally,through the analysis of the current status of the regulation of frozen embryos in China,the paper puts forward the principle of separating the supervision right and the disposition right,aiming at transforming the preservation obligation of the frozen embryo into the legal protection,and also introduces the embryo adoption system to alleviate the pressure of the hospital and society brought about by the remaining embryos in China.