JOURNAL OF BEIJING UNIVERSITY OF POSTS AND TELECOM ›› 2017, Vol. 19 ›› Issue (2): 26-32.

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Legal Attributes and Right of Disposal of In Vitro Embryo#br#

  

  1. School of Law, Nanchang University, Nanchang 330031, China
  • Received:2017-03-08 Online:2017-04-30

Abstract: With the rapid development of the human assisted reproductive technology, in vitro fertilization-embryos transplant (IVF-ET) technology brings hopes to those who suffer from infertility. I also leads to increasing law cases in artificial reproduction Unfortunately,  legal attributes of in vitro embryo, which shed light on ownership, disposal and inheritance of in vitro embryo, are not clear in the present law This insufficiency will bring difficulties during the judgment of the judge Therefore, it is necessary and urgent to make the ownership, right of disposal and  succession of in vitro embryo clearViewpoints of academic circles towards legal attributes of in vitro embryo mainly include subject theory, object theory and mediation theory Among these three theories, mediation theory appears to overcome the rest, but does not clearly describe legal attributes of in vitro embryo In vitro embryo possesses the unique quality of genes and should be specially respected and strictly protected To ensure fair distribution of social resources, it is suggested that the retention period of in vitro embryo should be defined as the period of marriage and female reproductive age

Key words: in vitro embryo, legal attributes, right of disposal

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