Research On The Legal Regulation Of The Disposal Of Frozen Embryos

This article holds that the legal attribute of frozen embryos should adopt the intermediary theory,which is a transitional concept between the civil subject and the civil object.The right to dispose of frozen embryos refers to the right to dispose of frozen embryos according to law,which is essentially an extension of the couple's reproductive rights,different from ownership and more different from disposal rights.The legal scope of the right of disposal should be limited to the realization of reproductive purposes by heterosexual legal couples and the voluntary donation of embryo owners for medical science and technology research.The disposal right should belong to both infertile couples who have received assisted reproductive surgery.They share the disposal right and may not dispose unilaterally or arbitrarily.When the marital relationship changes,the disposal right should follow the principles of legitimacy,rationality,preference and balance of interests.China should speed up the special legislation on frozen embryos,recommend the longest preservation period of frozen embryos for five or ten years,clarify that artificial reproduction children enjoy the same legal status as normal children and have retrospective rights,and establish a perfect donation and adoption system.At the same time,legal provisions on frozen embryos have been added to the departmental law.