대리모계약의 유효성 여부

• 영문명: Validity of Surrogacy Arrangement
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 맹광호(Kwang-Ho Maeng)
• 간행물 정보: 『비교사법』비교사법 제12권 2호, 71~107쪽, 전체 37쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2005.06.01

영문 초록

The argument that surrogacy agreement is not valid for the reason that it violates Article 103(Public Policy) of the Civil Law cannot be accepted unconditionally because the concept of 'public order and standards of decency' is not fixed but changeable. Thus, it is reasonable to acknowledge surrogacy agreements on surrogate pregnancy and delivery and monetary reward for that and to rule legal disputes involving surrogacy agreements according to the contents of the agreements made by the concerned parties. In addition, in order to prevent surrogate birth socially and ethically impermissible like the use of a surrogate mother with the object of avoiding the difficulties of pregnancy and delivery, surrogate birth must be permitted only when the wife is barren. In addition, if a surrogate mother with the spouse gives birth to a child, there can be a legal dispute over the recognition of father child relationship between the client father and the child. Therefore, even if her spouse has consented, a married woman should be legally prohibited from being a surrogate mother. Moreover, if part of contents of a surrogacy agreement is excessively disadvantageous or unreasonable to a party only the part or the whole of the agreement may be invalidated based on Article 137 of the Civil Law in order to protect the party in a disadvantageous position. In order to prevent legal disputes over the decision of mother child relationship in case of childbirth through gestational surrogacy, it is necessary to provide by law that the client mother (genetic mother) is the legitimate mother. Fifth, it is not desirable for the sound relationship among relatives and for the healthy growth and wellbeing of the child that a relative of the client father or mother becomes a surrogate mother like a sister or the mother becomes pregnant and gives birth to a child on behalf of a woman who has difficulties in pregnancy and delivery, so it should be prohibited by law to use a relative as a surrogate mother. In addition, it is considered desirable to enact a special law concerning the surrogate mother system including contents mentioned above concerning surrogate birth.

목차

Ⅰ. 서설

Ⅱ. 대리모계약 일반

Ⅲ. 대리모계약의 유효성 여부에 대한 검토

Ⅳ. 대리모계약의 내용과 실제

Ⅴ. 結論

【ABSTRACT】