بررسی راهکارهای حقوقی موجود جهت تعیین سرنوشت جنین‌های منجمد رهاشده

Cryopreserved embryos are considered as abandoned embryos in two situations. The first situation is when the embryo`s owners have no definite domicile and no written guideline has been provided by the couple regarding the embryo`s status. The second one is when the owners of cryopreserved embryos explicitly state that they permit the freezing centers to decide about their embryos` fate. The aim of the present study was to determine the best possible decisions about cryopreserved embryos in case of their abandonment by couples. This research was conducted through library and analytical research methods. As the cryopreservation of embryos is expensive, cryopreservation centers must be exempted from preserving embryos after unsuccessful attempts at communication with the owners and passing of reasonable time. Making decisions about the fate of abandoned cryopreserved embryos depends on the nature we attribute to them. If we consider abandoned cryopreserved embryos as humans, it is possible to destroy them according to the rule that necessities allow prohibitions. If we consider them as properties or quasi-properties, when there is no accessibility to their owners in order to determine their fate as properties, the governor is permitted to make decisions about their disposal or donation for researches.