代理母契約에 관한 外國의 立法例

• 영문명: International Perspectives on Surrogacy Agreement
• 발행기관: 한국가족법학회
• 저자명: 엄동섭(Dongsup Eom)
• 간행물 정보: 『가족법연구』가족법연구 제19권 2호, 35~78쪽, 전체 44쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2005.09.01

영문 초록

The proliferation of new productive technology such as in-vitro fertilization makes it available for infertile couples to make the gestational surrogacy agreement with the prospective surrogate mother. So in Korea as well as many other developed countries, it is reported that the number of instances concerned with this agreement is now increasing. However there is no legislation in Korea with regard to this agreement, whether it validates surrogacy agreements or prohibits them. Accordingly in Korea the surrogacy agreement is now a grave matter of legal controversy and would raise more complex legal and ethical issues in the near future. This Article aims to survey international perspectives on the foreign legislations in this area in order to provide with some guidelines for Korean legislation regulating the gestational surrogacy agreement. So in this article I examined the legislations of the countries such as England, Israel, Greece and U.S.A.(Model Act) which validate the surrogacy agreement and prescribe the precise rules for the requirement and the effect of this agreement on the one hand. On the other hand, the legislations of the countries such as Germany and France which strictly prohibit the surrogacy agreement are also introduced in this article. In sum throughout these international perspectives I pointed out the legal issues such as the requirements for validating the surrogacy agreement (i.e., the qualification of the intended parents and the surrogate mother, the form of this agreement, the appropriate amount of the payment to the surrogate mother, etc.) and the effect of this agreement (i.e., the status of the child resulting from this agreement, the possibility of the termination, etc.), which must be regulated in the Korean legislation. And I finally noted that attaining the best interest of the child resulting from the surrogacy agreement should be the goal for Korean legislation to persue in this area too.

목차

Ⅰ. 머리말

Ⅱ. 영국

Ⅲ. 이스라엘

Ⅳ. 그리스

Ⅴ. 미국

Ⅵ. 독일

Ⅶ. 프랑스

Ⅷ. 결론

참고문헌

Abstract