Legal Research On Frozen Embryo's Attribution Of Right In China

Frozen embryos are produced during the application of artificial assisted reproductive technology.In practice,the rights of frozen embryos and the disputes over the exercise of rights are also increasing.Jiangsu Yixing lost the old man embryo competition case-China's first case of frozen embryo ownership dispute,the second trial based on family,ethics,special interests to the right to dispose of frozen embryos to the elderly.It has triggered a heated discussion on the issues related to the legal attributes of frozen embryos in academia.Although the Yixing embryo case has been finalized,the legal issues related to frozen embryos caused by this case have never stopped.How to define the legal attributes of frozen embryos;who has the right to dispose of frozen embryos;How to dispose of frozen embryos is legal.The relevant legal issues need to be resolved.The first part of this paper is based on the increasing application of artificial assisted reproductive technology in China and the rising trend of the number of elderly people who have lost their independence.The first case of the dispute over the ownership of frozen embryos in China-Disputes on related issues.The theoretical research status of the related issues of frozen embryo rights at home and abroad is analyzed,and the research methods and research significance of this paper are introduced.The second part,the third part and the fourth part of this paper defining the legal attributes of frozen embryos,analyze the legislative status of the issues related to the ownership of frozen embryos in China and abroad,and propose that the existence of frozen embryos in China is unknown,the dislocation of remaining embryos,the disposal rights of frozen embryos and illegal surrogacy.Conflict and other issues.The fifth part of this paper clarifies the solutions to the problems related to the ownership of frozen embryos in China.The rights of frozen embryos in the three cases of divorced husband and wife,death of husband and wife,and death of husband and wife are clarified.It is recommended to legislate to confirm that the remaining embryos can be destroyed,used for research or donated to other infertile couples.Dividing the legal scope of surrogacy.Learning from the embryo adoption system.Improve adoption laws.