Study On The Disposal Of Human Frozen Embryos

With the rapid development of science and technology,the artificial reproductive technology of human embryo freezing first appeared in western countries,and then it was introduced into our country,which solved the problems faced by many couples who cannot have children in our country.This brings about problems one after another,but Chinaundefineds legislation in this respect is in a blank,which makes these problems difficult to solve.Especially,the attribute of frozen embryos is difficult to be determined in law,which leads to the dilemma of the disposition of frozen embryos.There are three theories about the attributes of human frozen embryos:subject theory,object theory and intermediary theory.The subject theory holds that frozen embryos have the status of civil legal subject,rights and obligations,and can not be destroyed at will,while the object theory thinks that frozen embryos are in the position of objects of civil legal relations and can be regarded as inherited objects.The intermediary said that frozen embryos were regarded as human beings and that there was a transition between things.This view was mainly influenced by the civil law countries.Through the analysis of the attributes,the author thinks that it is most appropriate to adopt the object theory and regard frozen embryos as personality with special emotion.Because of the complexity of the practice and the different disposition of frozen embryos in different circumstances,this paper is based on the case study.The disposition of frozen embryos is based on the disposition rules of the original owner and the successor owner,and it is concluded that the woman can have the right to dispose of the frozen embryos independently after the dissolution of the husband-wife relationship.In the case of bereavement,women can also independently have the right to dispose of frozen embryos,frozen embryos can also be inherited and donated these four main conclusions.On the basis of these four conclusions,this paper gives a brief description of how the law should be specified as the object of the conception of the legal system of human frozen embryos,mainly by the Civil Code and the artificial fecundity Law as the auxiliary object of the conception of the legal system of human frozen embryos.