Study On The Inheritance Of Frozen Embryos

Nowadays,economy,science and technology develop rapidly.At the same time,the increasingly serious problems of food safety,the increasingly rapid paces of life,the ecological environment is worsening,for young people living pressure and external environment repeatedly destroy their bodies,resulting in a lot of young people suffering from infertility symptoms.The main treatment to cure infertility at present is to accept the artificial reproductive technology of IVF by in vitro fertilization.Embryo cryopreservation is the important factor of medical means.Accompanied by the emergence of frozen embryos,we have never stopped to discuss it.Especially in China,with the first frozen embryos inheritance case showed,different verdicts during the first and second trial is triggered a series of legal problems need to be solved.At present,there is no unified regulation on the attributes of frozen embryos in the world.Countries have different views on their attributes."subject theory" holds that frozen embryos can develop to be human beings and have their own personality,which has expanded the scope of civil subjects from the society.Ethically and legally,it is untenable;the "simple object theory" holds that frozen embryos do not possess any of the characteristics of a human being,that is a simple object.This argument does not focus on the potential personality attributes of frozen embryos,which are not in line with human ethics;the "intermediary theory" holds that frozen embryos are neither human nor material,but belong to a third jurisdiction,and this delusion breaks the traditional human-material dichotomy.The idea of creating a third jurisdiction that is neither human nor material is not realistic.Instead,to maximize the protection of frozen embryos and their potential for personal safety,characterizing it as a life ethic with personality can only be done without changing the existing legal model.In the case of frozen embryos in Yixing City,the court of first instance ruled that frozen embryos could not be inherited,but that frozen embryos as a new thing could be inherited is of great significance:first,it can promote the expansion of the scope of inheritance related to the perfection of China's inheritance Law.To promote the introduction of special legislation on frozen embryos;the second is to ensure the medical institutions to respect frozen embryos and obtain a good social effect generally recognized by citizens;third,to comfort the heirs and protect the interests of the heirs' personality;fourthly,it accords with the will of the deceased to have children before death.In addition,the frozen embryo itself is also inheritable.Firstly,as a "thing",it accords with the legal characteristics of the inheritance.Secondly,there is no explicit law to prohibit the embryo inheritance in our country.Finally,social ethics and morality also allow for the inheritance of frozen embryos.Since frozen embryos also have special personality attributes,their inheritance should not simply refer to the provisions of inheritance law,but should abide by certain rules and limitations.In order to maximize the protection of frozen embryos,only the first successor should be allowed to inherit;in the inheritance system,considering the consanguinity of the frozen embryos,it is only appropriate for those who are more closely related to inherit,Therefore,the system of transfer and subrogation is not applicable;in the inheritance,the heirs can give up the inheritance,and if there are multiple heirs,there is a common ownership of frozen embryos among the multiple heirs.In the event of a heirs giving up their inheritance or having no heirs,the medical institution in custody may,in accordance with the agreement of the owner of the embryos,act independently of his will,laws and regulations.The right of the heirs to inherit the embryos is restricted.First,the frozen embryos can only be preserved in a specific environment,so the heirs can only hold the embryos indirectly,and the hospital with the conditions for preservation is the direct possessor;second,Under the existing legal environment,it is prohibited to trade in frozen embryos,illegally transfer frozen embryos,and cannot use frozen embryos for proceeds;third,surrogacy is not permitted in our policy,and therefore the breeding of frozen embryos through surrogacy is prohibited.However,in combination with the actual situation of our country and the excellent experience of some countries in the world,the state may consider perfecting the legislation while properly opening up surrogacy under the legal regulation.The way in which the heirs can legally use frozen embryos is to continue to preserve,destroy and donate,including donations to medical institutions for scientific research.They can also be donated to other infertile couples,but it is necessary to perfect the system of donation to individuals,to ensure the maximization of the interests of both sides.