Research On The Civil Law Protection Of Human Frozen Embryos

In recent years,with the sharp increase in the prevalence of infertility in China,the problem of infertility has become a major social problem affecting social stability.Coupled with the increase in the number of families who have lost their families and the implementation of the policy of fully liberalizing the second child,the demand for IVF technology in China has increased rapidly.The special existence of frozen embryos,as the predecessor of IVF,naturally attracted the attention of the general public.The "Yixing Frozen Embryo Ownership Dispute Case" occurred in 2014,as the first case of the judicial process of the frozen embryo ownership dispute in China,the object of personal interest,frozen embryos and its special disposal rules,has never been seen in the form of social discussion and academic research.So far,the legal provisions concerning frozen embryos in China are only the regulatory regulations of the Human Assisted Reproductive Technology Management Regulations promulgated in 2001,and the accompanying Human Assisted Reproductive Technical Specifications and other normative documents.There are no specific provisions specifically addressing the protection of the relevant rights involved in frozen embryos.In view of the low legal level of the relevant documents and the incomplete content of the regulations,there are also many defects in the related supporting measures,resulting in the frozen embryos being unable to obtain better protection from the civil law.This paper takes the case of Yixing frozen embryo ownership dispute in 2014 as the background and opportunity.The "human frozen embryo" is taken as the research object of this paper,and its civil legal status is theoretically analyzed and defined.On the basis of "object theory",it affirms its rationality and legitimacy as the existence of personality ethics.At the same time,a brief introduction to the specific rights involved in frozen embryos,including the right to control and disposal of rights subjects,inheritance rights,donations and adoptions,and surrogacy problems caused by inheritance.Based on the current legislation and judicial status in China,proposing that the civil law protection of human frozen embryos in China mainly has problems,such as lower legal protection level,unclear definition of civil legal status,inconsistent storage period,unclear disposal methods and lack of clear legislative standards for surrogacy.In view of the above problems,we draw on the legislative provisions and judicial precedents of the United Kingdom,the United States,Germany and other countries,and based on the national conditions,propose the idea of perfecting the protection of human frozen embryos in civil law: First of all,in the legislation related to human frozen embryos,we should follow the principles of public orderand good respect and special respect,the principle of autonomy of will and honesty,and at the same time take into account the weaker side of fertility;Secondly,the special "Human Frozen Embryo Law" was formulated to raise the protection of frozen embryos to the legal level.In the definition of the legal status of frozen embryos,the ethics of "objects" was advocated,and unify the longest shelf life of frozen embryos,and clarify the relevant disposal rules for frozen embryos;Thirdly,in view of the long history of the human frozen embryo single-line method,the provisions on frozen embryos can be added to the existing relevant laws,and the inheritance rights of frozen embryos can be clearly defined by the right subject,and the system of donation and adoption of frozen embryos should be reasonably applied,clearly supervise the frozen embryos to regulate the disposal of frozen embryos and improve the protection of frozen embryos;Finally,to adhere to the phenomenon of surrogacy caused by frozen embryos,adhere to the attitude from comprehensive prohibition to moderate release,under the premise of strictly prohibiting the commercial operation of frozen embryos,the limited generation of frozen embryos can be allowed to surrogate,avoiding“one size fits all”,thus meeting the needs of special groups for surrogacy.In summary,based on the clear legal status of frozen embryo personality ethics,this paper proposes specific recommendations for the specific rights of inheritance,donation,adoption,supervision and surrogacy involved in frozen embryos,strives to clear the legal methods of freezing embryos,explores legal deficiencies,clear up legal obstacles,and then realizes the protection of the legitimate rights and interests of special groups such as infertility.It will provide a basis for the formulation of the single-line method of human frozen embryos and the construction of civil law protection system in China in the future.