Disposal Rules Of Frozen Human Embryo

Our country has a large number of infertility population,so artificial reproductive technology has been widely used in our country.As one of the most important parts of artificial reproduction technology,frozen embryo technology has been widely used.The use of frozen embryo technology brings the dawn to the majority of infertility couples.However,with the wideuse of frozen embryo technology,it has also caused a lot of problems and disputes about the disposal of frozen embryos.However,in this regard,there are few legal documents and regulations that can be used to deal with the frozen embryo technology such as "human assisted reproductive technology management approach","human assisted reproductive technology standard",and "human embryonic stem cell research ethics guidelines",and the most content requirements are too abstract to solve practical problems.This paper will combine the domestic and foreign legislation and professors' pointsand to discuss how to make the frozen embryo disposition rules apply to the domestic law of our country,and provide for perfecting the regulations of frozen embryos.The main contents of this paper include the following four partsIn the first part,from the first and the second trial of the frozen embryo case in Wuxi,the author brings out the most controversial focus of the legal profession on the frozen embryo,that is,the legal status of frozen embryos and the disposal rules of frozen embryos.After introducing the lack of laws on frozen embryos and artificial reproduction,a brief description of the application status of artificial reproduction and embryo cryopreservation technology is illustrated to prove the necessity of the legal status and the disposal rules the frozen embryo.The second part describes the legal status of frozen embryos.First of all,the author introduces the legal status and according regulation on frozen embryos in some countries.After that,the author mainly introduces the dicussion of frozen embryos and its applicable rules in Chinese academic circles.Finally,the author discusses the frozen embryos should not be the subject or intermediate between the subject and theobject in legal relationship.Because the frozen embryos have all characteristics of property,the frozen embryos should be regarded as property.The third part,after ensuring that the legal status of frozen embryos should be the property,the author discusses how the frozen embryo can be applied to the current laws in China.First of all,it is clear that the frozen embryo,which has the potential of life development,can not be occupied,used,benefited,and disposed of as an ordinary thing.The exercise of its ownership shall be in accordance with the provisions of the law of our country and the restriction of public order and customs.In addition,in order to avoid the waste of medical resources and the ethical problems of long-term preservation of frozen embryos,the preservation time of frozen embryos should be limited.The second?third and fourth section of this chapter are about the discussion of frozen embryo dispositionwhen a couple in disagreement,divorce,death of one party and both died,which is based on the restrictions on embryonic rights.In the fourth part,after the introduction of the specific rules of the frozen embryos,most of the disputes about frozen embryos can be solved by the current law and the above rules.But China's frozen embryos only be ruled in several provisions of the normative documents issued by the Ministry of health,and most are relatively general provision of medical personnel and medical institutions,in order to improve the Chinese artificial reproductive system and the relevant party shall dispose of frozen embryos,the author thinks that the following aspects should be clearly stipulated: limit the cryopreservation of embryos and surrogacy,prohibit the sale of frozen embryos,to establish embryo adoption system in conformity with the conditions,so as to provide ideas to improve our artificial reproduction and frozen embryo system.