Debate on the Legality of Frozen Embryo Transfer for Widowed Women

This paper examines the legality of frozen embryo transfer (FET) for widowed women, categorizing 17 judicial cases found on the basis of whether the prior medical contract has been fulfilled. These cases are divided into two scenarios: FET for widowed women bound by a previous contract and FET for widowed women not bound by a previous contract. Courts generally favor transfers for widows under existing contracts, focusing on contract enforcement rather than reproductive rights. The legality of transfers for widows without contracts remains uncertain. Reproductive right, as a fundamental human right, provides a solid legal basis for embryo transfer. Such embryo transfers reflect a high degree of respect for the deceased's desire to have children. While the impact on the development of future offspring deserves attention, this does not essentially negate the legitimacy of these transfers.