Justification of Social Egg Freezing and Regulatory Response: China's Law and Practice.

Abstract

Social egg freezing (SEF) refers to the act of a woman's voluntary decision to preserve her eggs for future use. It is considered an expression of her right to bodily autonomy, allowing her to make decisions about her own reproductive capacity. As a form of exercising personal rights, SEF is aimed at preserving or extending fertility. Owing to the difference in attributes between it and the traditional "medical act," SEF has sparked significant controversies in the academic world that remain unresolved. These debates stem from uncertainty and are often framed through the lens of consequentialist theory-focusing on potential social, ethical, or medical outcomes. For SEF, a more appropriate position should be taken, based on the theory of rights. This perspective centres on the individual's legitimate claim to exercise bodily autonomy, particularly in relation to their reproductive potential. SEF is essentially a specific claim by a woman to exercise her right to control her own body as a means of realising her autonomy over her own eggs. To avoid the abuse of SEF, necessary legal regulations should be put in place.