Research On The Legal Status And Ownership Of Human Frozen Embryos

The development of human frozen embryos has brought the production of population into a new era.While it brings the gospel to many infertile couples,it inevitably leads to many legal disputes.The resolution of these legal disputes also challenges our country Ethics and public order.As the living organism,frozen embryo still exists in the judicial practice with unidentified "black households".The legal status of the frozen embryo leads to disputes over rights attribution,embryo disposal and inheritance of embryos.The Judicial profession is also overwhelmed in responding to such disputes.Therefore,in-depth jurisprudence research on frozen embryo ownership is imminent.This paper will analyze the legal issues involved in frozen embryos by literature review,qualitative analysis and case study,and clarify the two main issues:firstly,the legal status of frozen embryos;secondly,the embryo rights belonging to.The main body of this article is divided into five parts :The first part:introduction.This paper in brings the background of the topic selection,combing the research status of frozen embryo legal status through three aspects:academic theory,legal norms and judicial precedent.It is of great practical significance to study the issue of ownership of frozen embryo.First,it can promote the healthy development of human frozen embryo technology research;secondly,it is helpful to improve the legal system of the legal status and ownership of frozen embryos in China.Thirdly,it is helpful to maintain the safety of life.fourthly,it can help to Maintain social ethical order and urge human beings to take measures actively to deal with the ethics brought by human frozen embryo technology.The second part:the basic understanding of human frozen embryo.First,Explain the concept of frozen human embryos from the perspective of biology and summarize its core core feature:(1)vitro fertilization;(2)fertilized cells carrying specific DNA;(3)in the stage of the cryopreservation and metabolism stop;(4)The early human embryos in the morula or blastocyst stage are cell clusters in which neither the basic organs nor the tissue primordia have begun to develop.second,from the legal point of view the legal status of frozen embryo mainstream academic point of view:the subject saying,the object saying and the discount saying.The third part:the comparison and reference of frozen embryo system of extra-terrestrial human body.By comparing the laws,regulations and judicial precedents of representative countries in the common law system-the United States,Britain,Australia,the representative countries of the continental legal system-Germany,Italy,Spain and Taiwan,and drawing on the legal right and practical experience to solve the frozen embryo outside the territory,From which we can learn from:first,the human frozen embryo is the object,and the subject of the right has the right to dispose of it;secondly,the rights of the subject of rights are limited of the ownership restrictions;thirdly,take the special measures to protect human frozen embryos;fourthly,carrying out the special laws to protect human frozen embryos.The fourth part:The legal status and right nature of human frozen embryos.First,it is clear that the legal status of human frozen embryos is an object,a ethical object with personal interests and life values.Secondly,the basic nature of the right of human frozen embryos is property rights,and the special nature of human frozen embryo rights is ethical property rights.The fifth part:the rights of human frozen embryo attribution.put forward the basic principle of human frozen embryo attribution and take the public order and good custom,respecting life principle and meaning autonomy as the basic principles.On this basis of this logic,the ownership of frozen human embryos in different situations is proposed:the first,if there is an agreement,the ownership of the frozen embryo will be determined according to the agreement,but the parties are allowed to enjoy certain "regretting power" in the event of a situation change.The second,In the absence of agreement or beyond the scope of the agreement is divided into several different situations:First,while the couples are divorced,the termination of the relationship between husband and wife does not affect their rights attribution,and the frozen embryo is still owned by the couple;second,while one part of the spouses or both died,the rights and interests of those who meet the interests of the need shall be considered to refer to succession inheritance of embryos with reference to the succession law;The third,when human frozen embryo is unclaimed,the right to freeze embryos belongs to medical institutions,but without the consent of the patient,the hospital shall not be unauthorized to use but for destruction only.