Research On The Attribution Of Frozen Embryos

Nowadays,many couples suffer from infertility due to various factors.Artificial assisted reproductive technology for these infertile couples brought the gospel,frozen embryo successfully extended the family blood,but when the couple how to deal with the remaining frozen embryos become the crux of the problem has become the current face.The typical representative of this issue was the case of inheritance of frozen embryos in Yixing,Jiangsu Province in 2014.Wuxi Intermediate People's Court ruled that the four elderly people jointly enjoy the right to supervise frozen embryos.Although the case has come to a close,the academic discussion triggered by the case is far from End.The focus of the case is to define the legal attributes of frozen embryos.This article will also analyze and discuss the legal attributes of frozen embryos and the ownership of frozen embryos based on the analysis of related systems and judicial precedents.This article is divided into four parts.First,through the introduction of the first case of the succession of frozen embryos in China,the article reveals the core problem of the case,namely,what is the legal attribute of the early human embryo,and the frozen embryo can not be inherited.Then the article puts forward three doctrines on frozen embryos in Chinese academia,namely,the subject theory,the medium theory,and the compromise theory,and the three doctrines have certain theoretical basis and have their own supporters.Secondly,the second part,through the criticism of the subject and the critique of the compromise,concludes that the object is a dichotomy theory that conforms to the present civil law and defines the frozen embryo as an ethical object.On the premise of adhering to the existing civil law system,it provides a special regulatory perspective for human embryos by using the concept of matter grid creatively to promote the reform of law theory in a more mild way..The third part of the article focuses on the analysis of the attribution of the legal attribute of the frozen embryo,mainly enumerates the relevant legislation and judicial precedents of the United Kingdom,the United States and France,and draws different conclusions in different countries according to the relevant national conditions and judicial practice.At the end of this article,through the analysis of these countries,how to deal with similar problems in our country,between the patient and the hospital,the marriage relationship between husband and wife,when the couple divorced,when the coupledied and both sides died,who had the right to decide the right to freeze the embryo?Through the analysis of the history of the object of inheritance,the scientific and technological progress has been made and the conclusion of the frozen embryo can be inherited under the present state of new things.Based on the answers to these questions,we hope to provide some references for future frozen embryos in China.