人工授精에 있어서 夫의 同意의 法的 性質

• 영문명: Legal Character of Husband’s Consent on the Artificial Insemination
• 발행기관: 한국가족법학회
• 저자명: 송영민(Young-Min Song)
• 간행물 정보: 『가족법연구』家族法硏究 第21卷 1號, 187~212쪽, 전체 26쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2007.03.30

영문 초록

  The regulation admitted original attribution is needed to the husband who consent to AID(Artificial Insemination by Donor) for the identification attribution problem of the baby from AID. Thus, the theory that admit the effect of the husband and son relationship into husband’s consent seems to be appropriate.
  The identification attribution theory that decide the husband and son relationship between the husband and the baby from AID is different theoretically from basic legal estimation against the Clause 844. It is the only way to analyze with the Clause 844 and 852 for legal constitution in existing law.
  It is natural for not being as a husband to the person who provides a sperm while the husband and son relationship still exists. However it is doubtful to exclude from general identification relationship, because the mean that guarantees the legal husband and son relationship to the baby from AID has to be there eventually.
  But, it is not necessary to admit the right to know genetic origins unrelated legal identification limited to the baby from AID. I suppose the debates whether those right admit to babies from natural generation and the legal meaning of genetic origins admit as exclusion of identification law or not are necessary ahead.
  If the effect of identification relationship establishment is admitted over the character of consent, a husband and wife who request has the status as a parent in relationship between a husband and wife and a proxy mother.
  The contents as above would be the criteria of making decision for the status of a baby from generation aid medical service on the identification law, and then they are also necessary to be referred in the course of legislation later.
  Those are as follows in summary. First, the baby who has born from generation aid medical service through a sperm offered after husband’s consent to his/her wife is to be husband’s baby. Secondly, husband’s consent is presumed in case wife was pregnant and produced a baby through a sperm offered by the third person. Thirdly, the person who provides a sperm couldn’t be the husband of the baby who was born from generation aid medical service used a sperm offered. Finally, the person who was pregnant and produced a baby from generation aid medical service used a sperm offered would be his/her mother.

목차

Ⅰ. 서론
Ⅱ. AID子의 신분귀속에 관한 법적 문제점
Ⅲ. AID子에 관한 신분귀속판단의 논리
Ⅳ. 생식보조의료기술에 관한 행위규제와 신분귀속과의 관계
Ⅴ. 결론
《참고문헌》

키워드

제3자의 정자를 사용한 인공수정 인공수정 夫의 동의 친자관계 생식보조 의료 유전적 태생을 알 권리 인지 친생부인의 소 AID(Artificial Insemination by Donor) artificial insemination husband’s consent real child relationship generation aid medical service right to know genetic origins acknowledgement litigation of denial of paternity