Research On The Legal Issues Of Frozen Embryos In Vitro

With the Wuxi City Intermediate People's Court(2014)the end of the tin No.01235 civil judgment into effect,the highly anticipated human frozen embryos inheritance dispute "in four elderly common supervision and disposal right end.Although the case has already settled,but the case back reflected the social and legal issues.The embryo is a"person "or" object ",should accept guardianship or claim ownership,inheritance rights,and whether to allow surrogacy disputes is far from over.So,in this case as the breakthrough point,analyzes three main focus of controversy case: legal attributes of 1.frozen embryos,2.frozen embryos in the end why? 3.frozen embryos can be inherited?Heres how to exercise their rights? Clear legal attribute of frozen embryos is the premise and basis for the exercise of rights is also the interpretation of frozen embryos,whether frozen embryos can be inherited The key.But the legal attribute of frozen embryos in academic circles has been the mainstream theory Public opinions are divergent.,said unable to agree on which is right,subject,object and intermediate.The author based on China's basic national conditions,combined with foreign legislation and practice,elaborated both the advantages and disadvantages of various theories,the trade-off solution values,clear the legal attribute in freezing the embryo is ethical thing with special personality attributes;since it is,it can certainly be heir to legal inheritance,its special nature means that the heir to enjoy the "limited" inheritance of frozen embryos should be respected and protected properly.But unavoidable problem is severe in our country prohibit surrogacy conditions,heirs there seems to be no substantive significance of the embryonic inheritance.In order to get rid of this awkward situation,China needs to re-examine the surrogacy problem,further consideration of surrogacy The legal attitude in our country to carry out surrogacy,truly realize the inheritance right of the embryo.