人工受精에 대한 立法論的 考察

• 영문명: A Study of Legislative Opinions on Artificial Insemination
• 발행기관: 한국가족법학회
• 저자명: 이은정(Eun-Jung Lee)
• 간행물 정보: 『가족법연구』가족법연구 제19권 2호, 79~111쪽, 전체 33쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2005.09.01

영문 초록

There can be several ways on the legislation regulating the matters on the artificial insemination : stipulating supplementary provisions in the appropriate provisions in the civil law and the like, enacting a special law including relevant regulations, and so on. In my opinion, it is desirable that legal status of an artificially inseminated baby shall be prescribed in the civil law because it is effective in legislative technique that the provisions related to filiation are dealt with in the parent-child law, and the rest matters on the artificial insemination shall be regulated in a special law. In connection with enacting a special law, it will do to add the basic contents on the artificial insemination to the Act on life ethics and security legislated already. The contents need to be legislated are as follows. 1. Permissible range of artificial insemination The artificial insemination shall be allowed only when a woman get married legally and her husband is sterile, and blood relatives within the eighth degree of relationship of a woman operated shall not offer a sperm. 2. Legal status of an artificially inseminated baby born by donor Relationship between a husband consented to the artificial insemination and an artificially inseminated baby shall become adoption relationship, and there is no existence of parent-child relationship between a sperm donor and an artificially inseminated baby and also no acknowledgment between them shall allowed. 3. Operating procedures The operating institution shall be designated according to the appointed standards of facilities, equipments, and manpower. The operating institution shall be in charge of the act of gathering, keeping, and or inseminating sperm for the operation. To restrict the use of sperm within the case which a husband is sterile, it will be need to manage and supervise strictly thereof. It is necessary to amend the provisions in the chapter 7 Supervision(Art. 38 - Art. 44) of the Act on life ethics and security to be applicable to the operation for the artificial insemination, in addition, matters related to a sperm bank will have to be regulated. An operating doctor shall be a specialist working in the operating institution and investigate and determine the whole process of the operating procedures. A husband as well as a mother shall consent to the operation for the artificial insemination and the consent shall be in writing according to a prescribed form and then be submitted to the operating institution. The required conditions of sperm to be donated shall be specified and sperm shall be offered free. Also, to avoid the possibility of consanguineous marriage, the number of artificially inseminated babies born of a donor's sperm shall be limited. In preparation for the dispute relating to the artificial insemination, all matters about an operation for the artificial insemination shall be recorded and preserved and the period of preservation must be specified. 4. Right of secrecy and right to know origins Persons related to an operation for the artificial insemination have an obligation to keep a secret of all matters about the operation. However, in case of specialty, a sperm donor shall be identified exceptionally and those right to identify shall be allowed to only an artificially inseminated baby. The benefit of an artificially inseminated baby will be protected, by which 'case of specialty’ includes not only danger of a life of an artificially inseminated baby but also a mental aspect such as an uneasy emotion. If there is a difference of opinion on which a certain case corresponds to the case of specialty between the party concerned and the operating institution, the court shall judge thereof finally.

목차

Ⅰ. 머리말

Ⅱ. 가족법 관련 문제

Ⅲ. 가족법 이외의 문제

Ⅳ. 맺음말

참고문헌

Abstract