Identification of Frozen Embryo Subjectivity and Construction of Identifying Rules
Infertile families benefit from in vitro fertilization-embryo transfer technology.However,the legal attributes of frozen embryos are still not clearly defined,which is easy to cause disputes in practice.Frozen embryos obtained through human assisted reproduction technology bear the emotional sustains of infertile couples,and should have dual legal attrib-utes of"quasi-subject"and"quasi-object"based on law,nature and human feeling.When determining the infringe-ment of the subject rights and interests of frozen embryos,the time node of embryo transfer could be used for granting their legal capacity,which can effectively solve the problem of whether frozen embryos are more biased towards objects or peo-ple.This is not only conducive to unified judicial decision-making,but also helps to limit the discretion of judges.
frozen embryossubjective rights and interestsrule construction