보조생식술과 부모 결정:

• 영문명: Assisted Reproductive Technology and Parenthood: between Law and Philosophy
• 발행기관: 이화여자대학교 생명의료법연구소
• 저자명: 박준석(Joonseok Park)
• 간행물 정보: 『생명윤리정책연구(제 9권 제 3호 이전)』제7권 제2호, 1~21쪽, 전체 21쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2013.12.30

영문 초록

The latest developments of assisted reproductive technology give birth to the problems of epistemology as well as of regulation by law. The problems of regulation by law include the problem of permissibility and the problem of parenthood. In spite of the fact that much attention has been paid to each problem, we are still unequipped by clear legislation and competent judicial decisions. The problems of epistemology, on the other hand, has been addressed to by the bioethical philosophers and theorists, especially in many respects to the problem of human self-understanding including the issue of human enhancement. However, this paper shows the fact that the developments of assisted reproductive technology make the very concept of parenthood changed. It was neither the kind of “essentially contested concept”, nor the concept inviting serious disagreement in its usage among people. But we are somewhat lost without the secure concept of parenthood, although we still feel parenthood to be known evidently to ourselves. We cannot fully understand the ethical and legal implications of the assisted reproductive technology, unless we take into account the problem of conceptual change within the parenthood, which can be better seen by employing the concept/conception distinction.

목차

Ⅰ. 들어가며

Ⅱ. 법적인 부모 지위의 귀속

1. 전통적인 친자법과 대리모 계약

2. 법적인 부모의 결정 문제

3. 부모의 결정과 혈연관계: 우리 판례의 분석

Ⅲ. 부모 개념과 그 사용의 불일치

1. 개념/관념 구별

2. 생명윤리적 함의

Ⅳ. 나가며

키워드

보조생식술 부모 결정 대리모 개념 관념 assisted reproductive technology parenthood surrogate mother concept conception