Study On The Rights Attribution Of Frozen Embryos

With the rapid development of human assisted reproductive technology,especially the "test tube baby" technology,and its wide application in clinical practice,many couples suffering from infertility have been given the opportunity to have children and have given many infertile families infertility.Bringing happiness,but at the same time the application of assisted reproductive technology also raises many ethical and legal issues.The disagreement between the first-instance ruling and the second-instance ruling in the 2014 Yixing Frozen Embryo Dispute case in Jiangsu Province attracted wide attention and discussion from all walks of life,especially the legal nature and ownership of frozen embryos.The survey found that there are more and more disputes about the ownership of frozen embryos in practice.These disputes reflect the absence and lag of legal provisions on frozen embryos in China.At present,China is compiling a new Civil Code.How to integrate the frozen embryo ownership issue into our country's legal system is a major difficulty in studying the issue of frozen embryo ownership.This article believes that the determination of the legal nature of frozen embryos directly affects the ownership of frozen embryos and the exercise of rights.There are three perspectives on the legal nature of frozen embryos in both domestic and international theories and legal practice.Through analysis,this article believes that frozen embryos should be defined as special objects with potential personality attributes.To inspect foreign legislation and practice concerning frozen embryos' ownership,under the legal background of our country,the specific analysis of the right subjects and rights exercise of frozen embryos in different situations.Finally,it proposed to formulate special laws that clearly stipulated the legal nature,subject and content of frozen embryos,and the longest preservation period,and explain or modify relevant laws and regulations.