关键词: 冷冻胚胎, 伦理物, 遗产, 继承权, 代孕

Abstract:

Frozen embryo came into existence in the rapid development of modern assisted reproductive technology as a
byproduct of in-vitro fertilization and embryo transplantation technology. In the practice of justice，a series of disputes occur
due to the absence of relevant laws and regulations on frozen embryo’s legal nature，its right owners and inheritance，which
urges a clear definition of frozen embryo’s legal status. Though the frozen embryo possesses the potential of becoming a solid
being，it hasn’t been born as a living being. On the one hand，according to the regulations of General Principles of Civil Law，
the frozen embryo does not have the capacity of rights and cannot be defined as the subject in civil legal relationship；it must be
an“object”. On the other hand，it cannot be simply defined as an ordinary“object”，but a specific ethical object which has the
potential to grow into a human being and therefore possess partial personality. The couple willing to be the parents by surgery
is the right owner of the frozen embryo. After the death of the right owners，the frozen embryo can be inherited as heritage
by the heir. However，due to its potential to become real living being，the heir only enjoys restricted right of supervision and
disposal to the frozen embryo.

Key words: frozen embryo, ethical object, legacy, inheritance, surrogacy