Research On Attribution Of The Disposition Of Frozen Embryo

With the constant progress and prevalence of the artificial assisted reproductive technology,it has helped many infertile couples to realize theirs' dream of having their own babies.In May 2014,the both only child couples of Yixing city asked to inherit the frozen embryos of their children passed away,and the court of first instance dismissed their claims.This case caused extensive discussions:how to define the legal attributes of the Frozen Embryos;if the donor couples got divorced or died before embryo transplantation and the questions like these,how to deal with Frozen Embryos and a series of problems accompanying with it in juridical practice.There are no clear stipulations in our existing laws about above questions,and the judicial authorities have no clear stipulations to try it in such cases.To solve the above question,it is necessary to do some careful studies on it.This paper takes the fist domestic frozen embryos dispute of supervision and disposition as an example,studying the legal attribute of frozen embryos,the disposal of ownership and etc.First,a brief review of the case and its trial will help us have an overall grasp of the details of the case and the proceedings of the trial.Second,it is the legal analysis of the disputes in the case,analyzing the legal attribute of frozen embryos,educing my conclusion by comparing different theory about this question of home and abroad.And then it analyzes the ownership of disposition,especially when the donor couples die before embryo transplantation,how to define the ownership of disposition of the frozen embryos.Finally,it gives my own suggestions on how to regulate and perfect the law on frozen embryos.This paper aims at throwing away a brick in order to get a gem,I hope my superficial analysis and think on the case of frozen embryos disputes will provide some helps to juridical practice,and I also hope the relevant legislation on human assisted reproductive technology will be available as soon as possible,and such questions will be solved felicitously.