On the Protection of Reproductive Embryos in Vitro by the Personality Rights Law
DOI:
https://doi.org/10.54097/ijeh.v8i1.7078Keywords:
Reproductive Embryos in Vitro, Personality Object, Protection of Personality Right Law, Personality Attribute.Abstract
Reproductive embryos in vitro are formed by infertile couples for the purpose of breeding children. It has the potential to develop into life and carries the personality interests and spiritual values of donor couples. At present, there are many judicial disputes related to reproductive embryos in vitro, but legislation has not clearly stipulated the right attribute and protection path of them, resulting in different court decisions. Based on this, considering that the reproductive embryo in vitro does not have life consciousness before being implanted into the mother, but includes the life, health and general personality rights of the donor couple, it is appropriate to identify it as a special object of rights with personality attributes greater than the attributes of 0bject - "personality object", which should be included in the protection category of the personality right law and be specially stipulated. The rights enjoyed by the donor couple on the reproductive embryos in vitro belong to the personality rights and interests. When the personality rights and interests are violated, they can not only request protection according to the general provisions for the protection of personality rights, but also claim compensation for mental damage according to the specific things infringing personality, so as to realize the direct protection of the donor couple and the indirect protection of the embryo.
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