Research On The Legal Issues Of Frozen Embryos In China

With the development of medical science and technology,the emerging technology of in vitro fertilization and frozen embryo transfer is becoming more and more mature,more and more infertile couples in this way to give birth.The assisted reproductive technology has broken through the closed natural way of sexual reproduction and directly impacted the existing sexual ethics and legal system in China.There is no clear legal norm in our country for the legal status and ownership of the new thing of frozen embryos,but there have been disputes in judicial practice.Therefore,on the basis of the existing research,combining with judicial practice,this paper discusses the legal attributes,rights ownership,disposal rules,tort liability of frozen embryos.The article is divided into four parts: the first part,the introduction of the Jiangsu Yixing frozen embryos case,Gao frozen embryos case and the first case of abandonment of frozen embryos infringement,three classic cases,analysis of the court's ruling purport,and then summarize the legal nature of frozen embryos,the right of frozen embryos,the disposal rules of frozen embryos,infringement of frozen embryo and on the legislation of frozen embryo.The second part,the overall overview of frozen embryos,frozen embryos introduced the relevant concepts,frozen embryos are identified as pre-embryos in medicine.By analyzing and commenting the legal attribute of frozen embryo in China's academic community,and then the frozen embryo is defined as an ethical object with personality attribute.The third part,this paper introduces two major legal systems countries the United States,Britain,France,Germany for the legal attribute of frozen embryos,disposal and protection of the law and the judicial practice,draw lessons from the legislative,judicial experience,particularly in the United States of the contract,agreement,interest measure model for below frozen embryos of disposal of our country has important significance.The fourth part,based on the discussion of the first three parts,puts forward the construction of China's frozen embryo law.For the second part of the existence of the real legal problems one by one refinement,clear lying that the husband and wife enjoy the co-ownership of the frozen embryo after the death of one or both of them,frozen embryos may be inherited by the heirs who are qualified.At the same time,determine the rules of disposal of frozen embryos and the damage of frozen embryos in the internal and external tort liability.