S-Space College of Law/Law School (법과대학/대학원) The Law Research Institute (법학연구소) 법학 법학 Volume 49, Number 1/4 (2008)
보조생식기술(補助生殖技術)의 가족법적 쟁점(家族法的 爭點)에 대한 근래의 동향(動向)
Recent Trends in the Family Law Issues Arising out of the Assisted Reproduction Technology
- Issue Date
- 서울대학교 법학연구소
- 법학, Vol.49 No.2, pp. 66-96
- 보조생식; 비배우자간의 인공수정; 친생부인; 혈통을 알 권리; 사후수정; assisted reproduction; rebuttal of the paternity presumption; surrogate mother; the right to know one`s parentage; AID
- This article examines the recent trends in the family law issues arising out of
the assisted reproduction technology at national and international level.
Firstly, in case of AID (artificial insemination by donor), there is an
international consensus that the husband who has consented to the AID should
be deemed the father of the child. However, there is a debate in recent years,
whether or not the child is entitled to know her genetic father.
Secondly, there is much controversy over the surrogate mother. In Korea, the
prevailing opinion regards it as immoral and asserts that it should not be
allowed. In case of the gestational surrogate mother, the prevailing opinion is
that the woman who has delivered a child, not an ovum provider, is considered
a mother. On the other hand, there are jurisdictions in which the surrogacy is
allowed and an ovum provider is regarded as a mother.
Thirdly, when a child was borne by way of posthumous insemination, could
she be treated as the child of the sperm provider? In 2006, the Japanese
Supreme Court denied it. In contrast, the UK passed Human Fertilisation and
Embryology (Deceased Fathers) Act 2003, which recognized the sperm provider
as the legal father of the child.
It is urgent that there be a new statute to govern these legal issues.
Furthermore, the new statute should fully respect the human right of procreation
of those involved in the assisted reproduction.