On The Legal Attributes And Disposal Rules Of Frozen Embryos

In June 2020,the Civil Code independently compiled the right of personality,including many new legal regulations on human embryos,human cells,human tissues and other "objects".These regulations well meet the needs of The Times and take the same step as the development of science and technology.Under the background of the development of life science and technology,the Civil Code has created many innovative provisions on the protection of personality rights,which provides a strong institutional basis and rule support for meeting the needs of the people for a better life.The relevant legal provisions in the compilation of personality rights have once again triggered the discussion of the attributes and legal protection of a series of renewable life phenomena.Among them,frozen embryos,as a new "species",challenges the meaning of "things" in China's property collection.In order to substantially solve the disputes involving frozen embryos,first of all,we should start from the research of the legal attributes of frozen embryos,frozen embryos as a special form of life,through certain technical means,has the possibility of developing into people,it is different from things in the general sense,should be given special respect and protection.According to the relevant provisions of frozen embryos in the Civil Code formally implemented in 2021,it is regarded as human objects,and more conducive to further building a legal system related to frozen embryos,"human objects" is the interest of personality,both personality attributes and material attributes,which is more conducive to further exploring its ownership and disposal problems.In terms of the ownership of frozen embryos,the ownership and right subjects and scope of rights according to the original ownership and succession shall be divided,so as to create a good way for the protection of frozen embryos.Civil law adjustment is the equal body and property relationship between body and property,based on the principle of autonomy,both husband and wife in the disposal of frozen embryos,should follow certain principles,couples have the right to how the frozen embryos to express their own or common will,when the couple dissolve the marriage or an accident,should be handled according to the exception,should fully consider the best interests of the child and the special care of the couple.When the couple had an accident and did not make a certain meaning about the ownership and disposal of the frozen embryos,the custodian shall not use the relevant frozen embryos for medical research or donation.In the disposal of the problem,we should be detailed as possible to preset the possible circumstances for the husband and wife and other rights subjects.In addition,attention should also be paid to the handling of specific issues such as the infringement of frozen embryos.