The Situation and Responsibility of Medical Institutions Infringing on Reproductive Rights in Assisted Reproductive / 中国医学伦理学

ABSTRACT

In the field of reproductive rights disputes, following the wrong birth litigation caused by prenatal diagnosis errors, the emerging reproductive rights litigation caused by the fault of human assisted reproductive technology has become more typical. Medical institutions shall bear the corresponding liability for compensation for loss, damage, wrong implantation of gametes or embryos in vitro due to its negligence, which constitutes an infringement on the reproductive rights of patients and spouses. During cryopreservation of embryo in vitro, if one of the couple of the gamete donor dies, the surviving spouse has the right to exercise the reproductive right. The surviving spouse has the right to ask the medical institution to remove the obstacles for the behavior that the medical institution refuses to hand over the frozen embryos to the surviving spouse. For the deliberate destruction of frozen embryos by medical institutions, patients have the right to ask medical institutions to bear the liability for damages.