Comments On Husband's Compensation For Unilateral Abandonment Of Frozen Embryos

With the official opening of the country's two-child policy from January 1,2016 and the increasing incidence of infertility,frozen embryo technology has been widely used.In the future,more and more infertile couples will choose frozen embryo technology to give birth.However,as the relationship between husband and wife changes,there will be more and more disputes arising from frozen embryos.In the relationship between husband and wife,it is often difficult for husband and wife to reach a consensus on the abandonment or retention of frozen embryos,and there will be more and more cases of unilateral abandonment of frozen embryos.With the emergence of China's first case of compensation for infringement of husband's unilaterally abandoned frozen embryos,the research on the liability for infringement of husband's unilaterally abandoned frozen embryos cannot be ignored.In this case,in order to better safeguard the legitimate rights and interests of the wife,she had to be given legal protection.This article analyzes the first case of “husband unilaterally abandoning frozen embryos compensation for infringement” in China,which is divided into three parts.The first part mainly introduces the basic situation of the case and sums up the controversial focus of the case,namely,1.Is frozen embryos a person or a thing in civil law;2.Whether the husband should bear tort liability to his wife for abandoning frozen embryos.In the following two parts,the focus of the case is mainly analyzed and demonstrated.The second part focuses on the legal attribute of frozen embryos.The third part demonstrates in detail whether the unilateral abandonment of frozen embryos by the husband constitutes infringement on the wife.