人体冷冻胚胎的权属分析

Ownership Analysis of Human Frozen Embryo

明确人体冷冻胚胎法律属性是解决其权属纠纷的关键。冷冻胚胎是具有人格属性的物。依据民法理论和相关法律规定,提供医学服务的医院并无取得冷冻胚胎所有权的依据,亦缺乏处分冷冻胚胎的依据。若医院擅自处理冷冻胚胎,应涉嫌侵犯所有权人的法益。依据继承法的规定,冷冻胚胎所有权人死亡后,其遗物所有权应当归属继承人。因此,医院应当将冷冻胚胎交由失独父母处置和监管。

To identify the legal attribute of human frozen embryo is the key to solve its ownership disputes. The frozen embryo is an object with personal attribute. According to the theory and regulations of civil and related laws, there is no basis for hospitals providing medical services to acquire the ownership of frozen embryos as well as the right to deal with them. If hospitals dispose the frozen embryos without permission, they infringe the legal interest of the owner. Under the inheritance law, after the owner of the frozen embryo dies, the ownership of its legacy belongs to the heir. Therefore, hospitals should deliver the frozen embryo to the parents who lost their only child for the disposal and management.