Study On The Legal Problems Of The Dispute Over The Ownership Of Frozen Embryos In Wuxi

Human frozen embryos are the product of the development of science and technology.In our country's current legal system,there is no relevant regulation on the legal attributes of human frozen embryos.The disputes of embryo inheritance right,supervision,disposition right,and the illegal nature of surrogacy often occur in judicial practice.Moreover,the special aspect of this case is the involvement of transnational surrogacy,which,however,is not uniformly provided for in international law and may lead to the emergence of stateless persons.Since the first case of human frozen embryo ownership dispute occurred in China,scholars in the study of human relations,the humanist care of succession as the embryo can be The theoretical basis for inheriting and determining the subject of supervision and disposal.The protection of children's best interests and the behavior of civil subjects can not violate the public order and good customs are lack of due attention.In combination with the case of frozen embryos in Wuxi and the analysis of existing theories,human frozen embryos should be regarded as ethics closely related to reproductive rights,and the subject of their rights is naturally the gametes provider of embryos with reproductive rights.After the death of the subject of the embryo,no one can inherit the embryo because of the specificity of the reproductive right.At this point,the embryo should be destroyed because it has lost its value.The destruction of the remaining frozen embryos can prevent surrogacy from being committed as a violation of public order.At present,the social and public interest has been safeguarded.It can also prevent children from being born in unsound families,which is in the best interests of the children.Secondly,when discussing whether the prohibition of surrogacy is applicable,the administrative regulation of department regulations is not allowed to counter the legitimate interests of civil subjects as the main basis.However,scholars have not made a correct analysis of the legitimate interests of civil subjects.Surrogacy behavior should be regarded as invalid because of violating public order and good custom,and the legitimate interests of the socalled civil subjects are the legitimate interests of the subjects of the deceased embryo rights,and they are not the surrogate implementers.The transnational surrogacy agreement involved in the case shall be deemed null and void,and the entrusting surrogate may Foster a surrogate baby by adoption,thus avoiding the appearance of stateless persons.