The Research On The Legal Status Of Frozen Embryo

Up till now,three main kinds of medical treatment have been developed,including Artificial insemination?In vitro fertilization and embryo transfer,IVF-ET and Clone.Due to the fact that the legal status of frozen embryos generated during IVF is not stipulated in the law of China,even the regulations Measures for the Management of Human Assisted Reproductive Technology and Human Assisted Reproductive Technology Specification Made by Ministry of Public Health,there has always been a controversy during the practice of the technique.The first case involved in such technique has been ended in 2013,but not its debate.There are three main arguments to define the legal status of frozen embryos,which are human theory,property theory and something-go-between theory,etc.Therefore,this essay concentrates on the study on the legal status of frozen embryos and by sorting out foreign legislation and theories and analyzing cases and theories in our country,the author gets her opinion.This essay can be divided into three parts.The first part introduces the legislation,cases and theories abroad,among which the controversial cases would be analyzed thoroughly.The second part introduces the cases and theories in our country.The third part concludes that frozen embryos belong to personhood property based on the analysis on different perspectives,such as the beginning of life,legal personality,lawsuit qualification,legal capacity and divorce suit.