On The Inheritance Of Frozen Embryos And The Reproductive Rights Of Related Subjects

In recent years,the infertility rate of young couples has continued to rise,and the fertilization mode of in vivo fertility does not satisfy the fertility desire of infertile couples.With the maturity of bio-assisted reproductive technology,frozen embryos are one of the means of assisted reproduction.It has brought the gospel of nurturing new life to the infertile group,and has also received extensive attention at all levels of society.However,technological innovations and breakthroughs will also bring about a variety of complex social problems.In the case of the Yixing Frozen Embryo Inheritance Dispute in Jiangsu Province in 2012,the legal issues related to the inheritance of frozen embryos were exposed to the world.The case is ostensibly to confirm the ownership of frozen embryos frozen in the hospital,which essentially reflects a sensational desire to succumb to the loss of independence and the desire for family continuity.Therefore,to discuss the legal issues of frozen embryo inheritance,there are two problems that cannot be solved:one is the legal attribute of frozen embryos,that is,whether frozen embryos are human or material,this is to solve the problem that frozen embryos can be inherited;The question of whether the reproductive rights can be realized in embryo inheritance.In view of the above problems,this paper is mainly divided into three parts.The first part discusses the legal attributes of frozen embryos.Through the in-depth study of the current popular doctrines of "subjective theory","object theory"and "eclectic theory",the properties of frozen embryos and the "genetic information"and "fertility" Looking forward to the "personal interest attribute represented by the representative",the argument that the frozen embryo is a special object is proposed,paving the way for the next issue of frozen embryo inheritance and fertility.The second part discusses the issue of whether frozen embryos can be inherited.Not all things can be the object of adjustment in the Inheritance Law.As a special thing,frozen embryos must inherit certain conditions when they become inheritable inheritance.The article mainly proves the legality and property of frozen embryos to prove that frozen embryos can be inherited as inheritance.At the same time,the legal basis for the inheritance of frozen embryos can be analyzed in detail.Finally,the basis for the inheritance of frozen embryos should be inherited and should be inherited.On the inheritance of frozen embryos.The third part discusses the ways in which frozen embryos can be inherited and the way in which reproductive rights are realized.Through the analysis of the legal attributes of reproductive rights,this part believes that the right to birth as a personality right will cease to exist after the elimination of the person.Therefore,the heir cannot gestate the frozen embryo on the grounds of realizing the reproductive rights of the heir.At the same time,from the perspective of ownership of frozen embryos,personality interests and birth decisions,it is argued that heirs can breed frozen embryos on the grounds of realizing the inheritance rights of the heirs.