인공생식에 관한 가족법상의 문제점

• 영문명: Some Problems in Family Law emerging Artificial Reproduction
• 발행기관: 한국가족법학회
• 저자명: 맹광호(Kwang-Ho Maeng)
• 간행물 정보: 『가족법연구』家族法硏究 第21卷 3號, 1~56쪽, 전체 56쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2007.11.30

영문 초록

  Today’s reality is that most of the family law related issues regarding artificial reproduction can only be solved through interpretation of the current civil code or precedent cases. This dissertation discusses the legal issues related to artificial insemination and in vitro fertilization-embryo transfer(IVF-ET), and the following are the main contents.
  First of all, the child resulting from artificial insemination by the semen derived from donor(AID) without the consent of the father and out of marriage should be regarded as the legal child of the father, and the father should have the right to choose whether or not to file a suit to overthrow such an interpretation. However, in cases where there is no family interest to be protected as, for example, when the legal parents of the artificially reproduced child are already divorced, it should be the child should not be assumed to be the legal child of the father and other persons of interest should be allowed to contradict the legal relationship between father and child through a lawsuit.
  In cases where the father has agreed to artificial reproduction between persons that are not married, the child should be recognized as the legal child of the father as the well being and family of the child is more important than the actual blood relations. Also, regarding whether a father who consented to artificial reproduction between non-married persons can file a suit denying the father-child relationship on the basis that there are no blood ties, this should not be allowed due to Estoppel’s principle or for the protection of the child. Such logic should apply to the wife who, in agreement with the father, bore the child through artificial reproduction between non-married persons, and therefore the wife cannot deny the legal relationship between the father and son through lawsuits.
  Regarding cases in which the legal relationship between the artificially reproduced child and the father is not recognized, the child should not be able to file a suit contending that the semen donor is the legal father as it is not just to burden the donor, who had no wish to form a father-child relationship, with the responsibility of supporting the child and leaving the child inheritance. Also this would make people refrain from making semen donations.
  Secondly, with regards to in vitro fertilization-embryo transfer(IVF-ET), the form of this procedure that doesn’t utilize the egg nor the semen of the couple wishing to have a baby but just the reproductive cells of a 3rd party should be legally barred. In the case where a woman had a child by IVF-ET through egg donation it is only right that the woman who went through the pregnancy and had the child become the legal mother as the egg donor had no wish to form a legal mother-child relationship and protect and raise the child. This is also better for the well being of the child as it is more desirable that the parents who wanted to give birth to the child become its legal parents.
  Therefore, a law regarding such legal issues raised related to artificial reproduction should be enacted. Also, when such a law is established clauses such as “a child born, in agreement or with the consent of the husband, by the wife through artificial methods using the semen of a man who is not the husband is deemed to be the child of the husband," and “when the husband consents to and the couple therefore agrees to artificial reproduction between non-married persosn, the wife and husband can not file a lawsuit denying the legal father-child relationship on the basis that there is no blood relations" should be included regarding the legal status of the artificially reproduced child in cases where the father has agreed to artificial insemination or in vitro fertilization-embryo transfer(IVF-ET). There should also be a clause regarding the relationship of the semen donor and artific

목차

Ⅰ. 머리말
Ⅱ. 체내인공수정의 법적 문제
Ⅲ. 체외수정의 법적 문제
Ⅳ. 맺음말
《참고문헌》
영문초록

키워드

보조생식 체내인공수정 체외수정 친생부인의 소 친생자추정 생명윤리 및 안전에 관한 법률 정자제공자 Assisted Reproduction Artificial Insemination In vitro fertilization-embryo transfer(IVF-ET) Action of denial of paternity The Act on Life Ethics and Safety sperm donor