体外胚胎的分类处置

Principles for the Treatment of in Vitro Embryos

体外胚胎到底是人、物或是二者之间的过渡,在现有学说都无法给出令人满意的解答之前,对其实施严格的规制比较妥当。基于对当事人生育自主权的尊重,将体外胚胎用于生育必须经供体双方一致同意方能实施,但因此而致一方当事人丧失生育孩子的唯一机会除外。在双方意见相左时应继续保存,若合理期限内仍然无法达成一致,则可以按照最初协议处置胚胎。在夫妻一方死亡后,原则上死者配偶有权依自己单方意志处置胚胎。如果死者配偶不愿意生育而死者父母希望利用胚胎延续血脉,应予准许,此时应采用胚胎收养的模式以切实保障孩子的利益。在夫妻双亡的情况,死者双方父母可以继承胚胎,可以采用胚胎收养模式延续血脉,其他处置可参照供体双方健在时的模式。

It is appropriate to apply strict regulations before existing theory can not give a satisfactory answer what exactly is in vitro embryos, the human, material or the transition between the two? Based on the respect of party’ s autonomy in reproduction, only agreed by both donor the in vitro embryo can be implemented for fertility, but the unanimous decision will lead to the loss of a party’s only chance of child-bearing.When the parties are unable to reach agreement, they should continue to be kept, and if they are unable to reach an agreement within a reasonable period of time, they may be disposed of in accordance with the original agreement.In the husband and wife after the death of a spouse, in principle, the spouse has the right to dispose of the embryo in accordance with their own will.If the deceased spouse is not willing to give birth and the deceased parents want to use the embryo to continue blood, should be allowed, at this time should adopt the mode of embryo adoption in order to protect the interests of the child.In both husband and wife, the two deceased parents can inherit embryos can be the embryo adoption model continuation of the blood and other disposal can be referenced to the donor both alive.