Since 2014, the disputes over the return of frozen embryos have gradually entered the view of judicial organs and the public. Faced with this new type of cases with legal loopholes, most courts supported the plaintiffs" claims, but the decision strategies are different. At present, judicial countermeasures are faced with judicial difficulties such as the inconsistency between the legal nature of frozen embryos and the attribution of rights, the inconsistency of applicable legal rules, and the lack of logical self-consistency of judicial reasoning. We should standardize the dispute over the return of frozen embryos, and unify the legal status of frozen embryos and the defining rules of rights ownership, establish the rule of non-return is the principle and conditional return is the exception, and the frozen embryos should be received directly by a qualified assisted reproductive institution.