Study On The Legal Issues Of The Inheritance Right Of Frozen Embryos

With the development of society science and technology,many infertile couples adopt vitro fertilization-embryo transfering technology to breed their offspring.As a result,with the increasing number of frozen embryos stored in medical institutions,legal issues concerning frozen embryos become more and more frequent.However,the legal norm on frozen embryos in China is almost zero,only scattered in the departmental regulations issued by the Ministry of Health,and lack of legal basis in practice.This paper discusses the inheritance of frozen embryos in order to provide advice for future legislation.Firstly,the legal properties of frozen embryos and their disputes are introduced.In this paper,the basic knowledge of frozen embryos is briefly introduced,and the concepts of pre-embryo,embryo and fetus are distinguished.As to the legal nature of frozen embryos,there are three main theories in academic circles:subject theory,object theory and intermediary theory.The author analyzes these three theories,puts forward his own viewpoint on the qualitative nature of frozen embryos,thinks that it is more reasonable to regard frozen embryos as ethical objects,and analyses their reasonableness.Then,this paper discusses the legal reasons why frozen embryos can be used as the object of inheritance.Parents have ethical feelings for frozen embryos and are the biggest protectors of interests of frozen embryos.The last paragraph of Article 3 of our country's inheritance Law is the bottom clause.Frozen embryos can be included in other property for inheritance.The principle that "freedom is prohibited by law without explicit prohibition" is emphasized in civil law.In addition,this paper discusses the content of the main rules of inheritance of frozen embryos.Having discussed,on the one hand,the scope of heirs and that the right holders inheriting frozen embryos cannot be as broad as those of ordinary estate heirs,taking into account the particularity of the potential for life of frozen embryos,The heirs of frozen embryos should be limited to spouses and parents of both spouses;On the other hand,the succession order of heirs is discussed.Considering the protection of reproductive rights,the succession order of spouses should take precedence over the parents of both spouses.This paper also discusses the right of the heirs to possess,use and dispose of frozen embryos.Finally,the author puts forward the way to realize the inheritance right of frozen embryos.There are mainly two aspects of allowing partial surrogacy and embryo adoption.The author introduces the embryo adoption system which originated in the United States,and puts forward some suggestions on the subject,procedure and applicable principle of establishing the embryo adoption system in our country.Our country forbids all surrogacy at present,the author thinks that some surrogacy behavior should be allowed,and discusses its rationality and legitimacy.