With the rapid development of medical technology,the first frozen embryo inheritance case in China has aroused attention and spurred research on frozen embryos and human assisted reproductive technology.Frozen embryos have the potential to develop into humans.It has dual attributes as carriers of both property rights and personal rights and it contain property interests,personal individuality interests,human dignity,and quasi-identity interests,forming a rights structure with internal and external levels.On the basis of clarifying the legal characterization of frozen embryos and combined with common methods of disposal,this paper analyzes the attribution of rights of frozen embryos in typical situations of rights conflicts and ownerless scenarios,such as ter-mination of marriage,invalidity of marriage from the beginning,the death of one or both parties,in order to contribute to the resolu-tion of legal disputes related to frozen embryos.
关键词
卫生法/人体冷冻胚胎/法律定性/权利归属
Key words
Health Law/Frozen Embryo/Legal Characterization/Attribution of Right
维普
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