JOURNAL OF BEIJING UNIVERSITY OF AERONAUTICS AND A ›› 2016, Vol. 29 ›› Issue (6): 27-32,53.DOI: 10.13766/j.bhsk.1008-2204.2015.0449

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On Disposal of in Vitro Embryos

TIAN Ye, CHEN Yangyang   

  1. Law School, Tianjin University, Tianjin 300072, China
  • Received:2015-09-18 Online:2016-11-25 Published:2016-08-24


The in vitro embryos produced by in vitro fertilization and embryo transfer technology are objects which have the potential to develop into humans, but are unable to obtain the same subject position of right as human. After all, in vitro embryos differ from general objects, and they should be specially protected by the law. The existing laws in China prohibit the sale of embryos. Appropriate restrictions should also be given to the disposal of embryos. From the perspective of respecting the rights of the embryo and human rights, in vitro embryos should be allowed to be inherited. When a divorced couple have different opinions on the disposition of the in vitro embryos, priority should be given to the interest of the side who is not willing to bear children and don't breed the embryos at last. When one side of the couple dies, the other side may dispose of the in vitro embryos within the scope of the legal permission. When the in vitro embryos are not inherited, they should be disposed by the medical institution who's in charge of the custody.

Key words: in vitro embryos, legal status, in vitro embryo as property, inheritant, disposal

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