The Study On Inheritance Of Frozen Embryos

With the deterioration of the environmentandthe increase of people's mental stress,China's infertility rateis on rise year by year.In order to meet the desire to have children of infertile couples,embryo transfer(ET)brings hopes to such families.The techniques refer to removing the couples' sperm cells and egg cells to create as a zygote in vitro,and form quasi-embryo after a cell division,then implant into the womb,which is known as in vitro fertilisation(IVF).And embryo cryopreservation is generated during the use of IVF,yet according to China's current relative regulations,the number of embryos transferred must not be over three per cycle,due to the low success rate of embryo transplantation,the rest have to be frozen to remain active,and stored for a reuse.It is the frozen embryo which has been more controversial in law.What legal nature the stored embryos outside the womb it is on earth? Can a embryo become an object of inheritance excetly? What aspects in law should be ruled particularly to normalize and adjust? This text is described from the following four main parts:Part one it is educing the topic of the thesis by some correlation cases,to dissect the the defects and deficiencies of such laws in legislative protection,to analyze the attitude of people's court toward such cases and judicial difficulties by reason of theoretical and legislative insufficiency.To define the legal nature of embryo cryopreservation by analyzing the regulations on the nature of embryo cryopreservation and relevant doctrineat home and abroad,as well as discussing such concepts of embryo cryopreservation.Part two analyses and studies the legal actualities and practices abroad,then elaborates and sorts out ulteriorly.The number-one way to determine the ownership of the embryo cryopreservation is the agreement,and the next way is on the basis ofthe survival state and continuous state of marital relationship.Part three has positioned embryo as the attribute of an object and studies the succession of embryo cryopreservation on the basis of part two.Firstly determining the legal nature of embryo cryopreservation to be an object in civil law,after the death of the owner of the object(This text refers to the situation that both husband and wife die.),embryo cryopreservation certainly becomes an heritage,and turns into an object of the heir's inheritance.Secondly,it analyzes the inheritability of embryo cryopreservation from the aspects of law and bioethicis.Part four projects the specific rules for embryo cryopreservation' inheritance,from the general principle of inheritance which is only able to inherit by statutory successor,to limiting the rights of the one who gets the right of inheritance,finally due to the particularity of embryo cryopreservation,prohibits from abandoning even damaging the embryo.