보조생식기술(補助生殖技術)의 가족법적 쟁점(家族法的 爭點)에 대한 근래의 동향(動向)

Abstract

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.