Propertiness and Transferability of Embryo

Approval of “Embryo Donation Act 2003” inducted the expression of “Embryo Donation” in our legal liter-ature and formally legitimized this kind of Assisted Reproductive Trea-tment. This article aims at studying legal and ethical legitimacy of embryo donation through legal and juridical evaluation of properties’ transferabil-ity.What justifies the necessity of this study is that if we consider “embryo donation” as a real donation, it shall comply with general conditions of pr-operties’ transferability, since “donati-on” is a legal act which is basically. governed by general legal rules and one of these rules is the necessity of being as property and the transferabil-ity of transaction’s subject Furtherm-ore, considering embryo as property could solve the matter of commercia-lization of artificial insemination. However, first, we have to ask whe-ther it is ethical to count a potential human being as a property. Why do not we legitimize “embryo transfer” instead of “embryo donation” in order to get rid of dissoluble challenges of its recognition as a “legal act”? Is not it the best way to identify “embryo transfer” as a “legal rule” authorized by the parliament? This article suggests the basis of “leg-al rule” as the headstone of embryo transfer’s legitimacy.