An Analysis Of The Cases Of Inheritance Embryos Between Shen Xinnan And Liu Jinfa

On march 10,1988,China's first test-tube baby was born in Beijing.In the following 30 years,China's assisted reproductive technology has developed rapidly and matured,bringing hope to countless infertile families.However,compared with the ever-changing science and technology,China's legislation on assisted reproductive technology is still stagnant.In judicial practice,more and more disputes related to human fertilized embryos appear "vacuum" in the application of law.From the case of "the first mother of single-tube baby in the country" in 2004,to the case of the "freezing embryo" of the divorce couple in Shandong Rizhao in 2012,and the case of the "inherited inheritance dispute between Shen Xinnan and Liu Jinfa" in 2014,etc.The vision,the civil law attribute of frozen embryos,whether it can be inherited,the legal issues of husband and wife on the rights and disposal of frozen embryos have sparked heated discussions in the academic circle.In the case of Shen Xinnan and other Liu Jinfa and other embryo inheritance disputes,there is no legal basis for direct application.The courts of the first and second courts made two very different judgments based on different considerations.The court of first instance determined that the embryo was a "special object" of the personality attribute,but could not be inherited.The court of second instance found the embryo to be between people and things.The existence of objective material,but avoiding the problem of inheritance,the case is transformed into "regulation,disposition of disputes." Regarding the civil law attributes of frozen embryos,the current mainstream views are “civil subject theory”,“civil object theory” and “intermediary theory”.Considering that frozen embryos have both physical attributes and personality attributes,frozen embryos are recognized as bioethics.The object is more reasonable,and it should be recognized that the heir has the right to inherit the frozen embryo,but the right should be reasonably restricted for the protection of the embryo's personal interests.Although the court of second instance finally ruled that both parties jointly exercise the “regulation and disposal rights” of frozenembryos,the only way to truly realize the above rights is surrogacy.With the increasing number of infertile couples in China,the demand for surrogacy continues to rise.The surrogacy market is also expanding.It is reasonable and necessary to properly release full surrogacy.The basic law for regulating surrogacy should be introduced to legally regulate the act of surrogacy and fully guarantee the reproductive rights of infertile couples.