从冷冻精子处置案例分析冷冻精子的属性及处置原则

Case Study of the Properties and Disposal Principles of Frozen Sperm

辅助生殖技术发展为逝后生育提供了可能,以四川省首例逝者“冷冻精子”处置纠纷为例,叙述了在“无主精子”处置案例中法院以医患双方签订的保存协议为判决依据。精子因其携带人类遗传基因,具有独特性,与胚胎以及干细胞等同属于生命伦理物,不能买卖和交易,更不能视为遗产,成为继承的标的。目前我国法律对于精子的属性界定不明,造成了法院在审理相关案件时缺乏充分的法律依据。建议应尽快完善相关法律制度,伦理监督委员会应充分发挥职责,为类似案例提供法律和伦理审查依据。

The development of assisted reproduction technology provides the possibility of reproduction after death. This article taking the first case of "frozen sperm" disposal in Sichuan Province as an example, describes the court’s decision based on the preservation agreement signed between the doctor and the patient in the case of "orphaned sperm" disposal. Because sperm carries human genetic information, it is unique and belongs to the same category of bioethics as embryos and stem cells. Thus it cannot be bought, sold or traded, not be considered as heritage or become the target of inheritance. At present, China’s laws are unclear in defining the properties of sperm, resulting in insufficient legal basis for the court to hear related cases. It is suggested that the relevant legal system should be improved as soon as possible, and the ethics committee should give full play to its duties in order to provide a legal and ethical review basis for similar cases.