Human assisted reproductive technology and its various derivatives of success and progress of technology in modern medical technology shows great achievements to the world , at the same time also brought the peculiar technical problems, in which the key one is about the legal attribute of in vitro fertilization embryo. In theory and practice, the legal attribute of IVF, three university mainstream said: subject, object, the intermediary said that the main special fuzzy IVF embryos, although it belongs to the personal benefits, but not personal life; in the distribution of benefits in accordance with the object that will cause the distribution all ignored the potential of embryonic development in vitro into full life; the intermediary said that can maintain the dignity of human life ethics, also can balance the rights and interests of women and children and the scientific development of the three management. At present our country about the IVF embryo law attribute of the low rank of legislation, the provisions are not clear, legislation needs improvement.