대리모계약에 관한 연구

• 영문명: A Study on the Surrogate Mother Contract
• 발행기관: 이화여자대학교 생명의료법연구소
• 저자명: 이봉림(LEE, Bong-Rim)
• 간행물 정보: 『생명윤리정책연구(제 9권 제 3호 이전)』제2권 제2호, 135~152쪽, 전체 18쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2008.08.30

영문 초록

The surrogate mother contract involves the contents that get a third party woman to conceive a baby of the husband and deliver it to the couple, in case the wife of the married couple is sterile. Though making the client°«s spermatozoon artificially fertilized in the surrogate mother is a common method, the British Surrogacy Arrangement Act is not necessarily restricted to the surrogate mother delivery by the artificial conception. There are already some European countries which are legislatively solving the arguments about validity or invalidity of the surrogate mother contract. Not yet in Korea have there been some serious discussions to see if the surrogate mother contract is valid or invalid under the present law systems. Also there have been little accommodated some clear scientific theory or judicial precedents about the issue. Nevertheless, the dominant view of Korean scholars seem that the surrogate mother contract is invalid. In addition, the majority of the legislation examples in various nations recognizes the invalidity of the surrogate mother. The problem is that Korea has no legislative measure against the issue. This can cause some serious problems when considering that Koreans have stronger needs for their descendents than people of any other countries. Partly because of no laws regulating the surrogate mother contract and partly because of some other reasons, the contracts are being implemented secretly in Korea, making the legal augments more serious in future. Therefore it’s time to hurry up to make any special law relating the issue because the anticipated problems can not be avoidable. Moreover, not to prepare for any legal actions, discussing only the ethical or moral subjects, comes just to abandonment.

목차

Ⅰ. 서

Ⅱ. 입법례 검토

Ⅲ. 우리나라의 입장 및 학설의 검토

Ⅳ. 법률관계

Ⅴ. 결

키워드

대리모(Surrogate mother) 子의 복리(The welfare of the child) 인공수정(Artificial insemination by husband)