체외수정에 관한 입법론적 고찰

• 영문명: The Study on the Legislation of In Vitro Fertilization
• 발행기관: 한국가족법학회
• 저자명: 이인영(In Young Lee)
• 간행물 정보: 『가족법연구』가족법연구 제19권 2호, 167~221쪽, 전체 55쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2005.09.01

영문 초록

As the number of individuals experience infertility problems has increased, the demand for assisted reproductive technology and IVF have increased. In Vitro Fertilization Pre-Embryo Transfer is a fertility procedure which first succeeded as recently as 1978 in England. In the last twenty years, the development of reproduction technologies, including IVF, has provided an opportunity for many couples to bear children who share the couple's genetic blueprints. Since then the technology has been further refined and developed by physicians and embryologists, with over 20,000 babies born worldwide. Korea has one of the highest utilization rates of various forms of reproductive technologies among industrial countries. IVF has been especially controversial for several reasons. First IVF is medical service, but it will meet the requirements of expert skill and securities. Only qualified medical center, which possess of physicians and embryologists as specialists and set up certain facilities with special equipments, should perform IVF on the infertile couples. Second, preembryos that has been made during IVF procedure should be protected. An in vitro fertilized human ovum is a biological human being which is not the property of the physician, or the facility which employs him or the donors of the sperm and ovum. Although no other country has explicitly defined preembryos as persons, others have criminalized the acts that result in their destruction. Third, in the process of legislation there are included in provison on the management on consent form, regular reporting data and keeping information related to performing IVF. We suggest the number of times of suppling sperms of a same donor, duty of taking caution in handling fertilized embryos and sperms and duty of preventing toward commercialization. Forth, the status of the person receiving IVF should be husband and wife, and by accepting the duty to be supported as a legitmate child, the child needs to be protected legally and systematically. The donor and his/her spouse must be informed that children may receive identifying information about them. Preventing access to children may be detrimental to the child and may constitute a denial of the child's rights. Fifth, much of the current concern reflects fears that technologies to silence genes or insert DNA into the genomes of prospective children will become available and will pose serious threats to the well-being of children and the meaning of reproduction. Currently legislation and guidelines has stipulated that an embryo may only cultured in vitro for 14 days before being placed into a uterus or frozen or destroyed. There is also no current legislation with respect to the removal of a foetus from the womb. Current legislation would be seen to be inadequate to cope with the legal issues arising from the in vitro fertilization and transfer of the resulting embryos to an artificial womb.

목차

Ⅰ. 들어가는 말

Ⅱ. 체외수정의 의의

Ⅲ. 체외수정 관련 쟁점사항과 입법적 고찰

Ⅳ. 체외수정과 관련된 최근의 쟁점사항

Ⅴ. 결론

참고문헌

Abstract