冷冻胚胎本质上属于物的范畴,但因其具有潜在的人格属性,所以是不同于一般物的伦理物。我国大部分学者将精子和卵子视为民事权利客体,那么胚胎的形成过程可视为动产与动产的混合,由此形成的冷冻胚胎由夫妻双方共同共有。冷冻胚胎的处分规则因受术夫妻的生存状态、婚姻关系的存续及双方意思表示的不同而不同。 Frozen embryos essentially belong to the category of things, but because of their potential personality traits, they are different from the commonwealth ethics. Most scholars in our country regard sperm and egg as objects of civil rights, so the process of embryo formation can be regarded as a mixture of movable and movable products. The resulting frozen embryo is shared by both spouses. The rules for handling frozen embryos vary according to the survival status of the married couple, the existence of the marital relationship, and the meaning expressed by both parties.