|
|
|
| Discussion on the definition of frozen embryo and the ownership of lost embryo |
| School of Humanities and Social Sciences, Peking Union Medical College, Beijing, 100730 |
|
|
|
Abstract This paper defines the nature of embryo from its nature and moral status. Embryo should not be regarded as property or goods，and from the legal point of view, it demonstrates that embryo has property right and personality right. Embryo is a kind of special property. The right holder can use embryo to realize the reproductive right through assisted reproduction technology, which makes frozen embryo have personality right. According to the two rules of autonomy and proportionality, this paper analyzes and demonstrates the disposal of the lost embryo. It holds the opinion that the parents of the “original owner” of the embryo can obtain the right to make disposition of the lost embryo, but the exercise of the right should be restricted by law and ethics.
|
|
|
|
|
|
|
|
|
