Research On The Legal Issues Of Post-mortem Reproduction

Post-mortem reproduction is a special phenomenon that accompanies modern assisted reproductive technology,mainly refers to the behavior of artificially assisted reproduction using an individual's reproductive cells or frozen embryos after death.This phenomenon not only changes the traditional fertility model,but also Has an impact on the modern legal system and social ethics.At present,the cases of post-death reproduction in our society have also appeared one after another.In the absence of specific provisions of the law,how to deal with the litigation of post-death reproduction is a problem we must face.The post-mortem reproduction problem mainly involves two aspects.One is the acquisition and attribution of post-mortem germ cells and frozen embryos.The author believes that for the extraction of frozen sperm eggs and embryos during life,the basic attributes of "things" should be adhered to to determine their attribution.In order to limit the exercise of rights based on the potential life value and personality benefits;for the extraction of germ cells from the body after death,for the protection of the interests of the deceased,no invasion of the body can be carried out without the express consent of the individual behavior.The second is whether relevant rights holders can perform post-mortem assisted reproduction on the basis of obtaining germ cells and frozen embryos.The author believes that post-mortem reproduction has the right basis for reproductive freedom,but also has the support of justice concepts,traditional ethics,and more social The realistic basis of identity is therefore legitimate and feasible,but post-mortem reproduction faces a realistic conflict of interests between the post-death reproductive requester,the deceased and post-death reproductive children.In order to fully coordinate the interests of the three parties and maintain social order,the Post-reproduction is subject to strict restrictions.On the basis of satisfying the requirements of the post-death reproductive request subject,the request period,the deceased's life-time consent and parental consent,consideration may be given to allowing post-death reproductive requests to ensure the exercise of reproductive rights and special family emotion Soothing.In addition,the author also put forward some suggestions on the management and disposal of reproductive cells,post-death reproductive regulation procedures,and protection of the interests of post-death reproductive children,hoping to provide corresponding reference and reference for post-death reproductive regulation.