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      The Legal Nature of the Embryo: Legal Subject or Legal Object?

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          Abstract

          This contribution addresses the question regarding the legal nature of a cryopreserved embryo. Such preservation is a relatively modern development in the medical field. Neither Tennessee (USA) law nor European law provides an acceptable explanation regarding its legal nature. It is argued herein that this is mainly due to the fact that rather unscientific language is applied. It is suggested that the using of concise legal terminology may contribute to a better understanding. The terms legal subject and object and legal subjectivity are well-known and have definite legal content. By drawing an analogy between the legal status of an infant and such embryos, the conclusion is reached that embryos are not legal subjects sui iuris but indeed share the legal subjectivity of their parents.

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          Most cited references 18

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          "The Fetus and Embryo: Legal Status and Personhood" 1997

           MN Slabbert (2020)
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            "Frozen Embryo Disposition in Cases of Separation and Divorce: How Nahmani v Nahmani and Davis v Davis Form the Foundation for a Workable Expansion of Current International Family Planning Regimes" 2013

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              "Subjective Right in the Context of legal Relationship" 2010

               AV Cornescu (2020)
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                Author and article information

                Contributors
                Role: ND
                Journal
                pelj
                PER: Potchefstroomse Elektroniese Regsblad
                PER
                North-West University (Potchefstroom Campus) (Potchefstroom, North-West Province, South Africa )
                1727-3781
                2018
                : 21
                : 1
                : 1-31
                Affiliations
                orgnameNorth-West University South Africa
                Article
                S1727-37812018000100024
                10.17159/1727-3781/2018/v21i0a2914

                This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.

                Page count
                Figures: 0, Tables: 0, Equations: 0, References: 24, Pages: 31
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