Research On The Ownership Of Human Frozen Embryo

In recent years,the number of infertility patients in China has increased year by year,and the overall proportion of infertility has gradually risen.Facing the growing number of infertile couples,using human assisted reproductive technology to obtain children has become their only choice.However,as a product of human assisted reproductive technology,frozen embryos have their own particularity,which poses a challenge to the current legal system.Therefore,this paper starts from two cases to study the legal nature,right subject,right ownership and other issues of frozen embryos.This article is divided into four parts.The first chapter begins by citing two practical cases to raise hot legal issues in practice regarding frozen embryos,namely,the determination of the legal nature of embryos and the attribution of rights.The second chapter first lists four theoretical viewpoints that exist in the academic community,analyzes them,and ultimately identifies them as ethical objects.Such a determination not only respects its own basic attributes,but also respects the personal interests contained in the frozen embryo,and is conducive to a closer alignment of the frozen embryo with existing legal norms.At the same time,the determination of the legal nature of frozen embryos lays the foundation for the subsequent determination of their rights subject,attribution,and rules for exercising their rights.The third chapter first divides the rights subject of frozen embryos into the original subject and the successor subject based on the source of rights.The original subject of the embryo is the husband and wife who undergo surgery,and both parties unanimously exercise their due rights to the embryo.Secondly,regarding the issue of the ownership of embryos,this article discusses whether there is a prior agreement on the division between the rights holders.When there is no agreement on the disposal and ownership of frozen embryos between the spouses and there is a dispute,it is necessary to conduct separate discussions based on whether the two parties have expressed their intention or not;Thirdly,if the original subject disposes of the embryo or donates it to a third party,the recipient replaces the original subject and becomes the obligee of the frozen embryo.Finally,if there is no original subject,but only a dispute over the ownership of embryos between the recipient subjects,the ownership of embryos can be determined based on the size of the interests represented behind each subject.The fourth chapter analyzes the legal principles of the ownership of frozen embryos after discussing the ownership of embryos;Secondly,according to the divided original subject and the successor subject,the rules for exercising their rights are discussed.