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영문명: The public management and support for the gamete donation and recipience: Focusing on the system of UK Human Fertilisation and Embryology Authority
발행기관: 이화여자대학교 생명의료법연구소
저자명: 김은애(Eun-Ae Kim)
간행물 정보: 『생명윤리정책연구(제 9권 제 3호 이전)』제3권 제1호, 69~89쪽, 전체 21쪽
주제분류: 법학 > 법학
파일형태: PDF
발행일자: 2009.04.30

5,320원

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1:1 문의

국문 초록

영문 초록

Due to the development of the biomedical science and technology and the change of the recognition about the way to build the family, the assisted reproductive technology using the donated gamete has increased. The gamete donation and recipience is in connect with not only the human rights of the gamete donor and the gamete recipient but also the best interest of the child that is born as a result of using the donated gamete. Furthermore, the gamete and the embryo created by the fertilization are at the unique ethical status because they have a possibility to procreate the human being. So, the gamete donation and recipience has surrounded with a lot of bioethical, social and legal controversy. Therefore the gamete donation and recipience have to be treated as the domain of bioethics and law, then the public management and support system at the state level must be offered for the donor and the recipient. In 2000, Our country legislated Bioethics and Safety Law including provisions about the informed consent for in vitro fertilization and embryo transfer, the procedure and the condition of the designation as the embryo producing medical clinic, the prohibition of the gamete donation and recipience for the purpose of receiving monetary benefits, property interest or other personal benefits in return, storage of the gamete and embryo and so on. In 2008, Bioethics and Safety Law was amended, so the limitation of the oocyte donation was set and the physical examination of oocyte donor was obligated to the embryo producing medical clinic. And from 2006, Ministry for Health, Welfare and Family Affairs has received the report about the present statistical condition of the usage and the storage of the gamete and the embryo in the embryo producing medical clinic based on the provision of Bioethics and safety law. But this system is not enough to manage and support the gamete donation and recipience. In UK, Human Fertilisation and Embryology Authority was established on the basis of UK Human Fertilisation and Embryology Act and has operated the public management and support system professionally and independently. According to the system by HFEA, all gamete donor and recipient have to registrate as the party of the third party reproduction, so all of the medical treatment for the gamete donor and recipient have been managed and supported by HFEA. To operate this system, HFEA offers the form to be used to record and submit as well as an information and guidance for ART, especially the donation and recipience. The gamete donation and recipience was settled down the one of the way for reproduction. Therefore to protect the human rights of the gamete donor and the gamete recipient, to connect with the gamete donor and recipience appropriately and to use and to store the gamete and the embryo properly, the state have to make an effort to do the necessary as the public management and support system for the gamete donation and recipience.