Justification and Protection of Assisted Reproductive Rights for Single Women in China

• 발행기관: 원광대학교 법학연구소
• 저자명: Li Rui
• 간행물 정보: 『원광법학』제40권 제4호, 311~335쪽, 전체 25쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2024.12.31

국문 초록

The development of assisted reproductive technology has led to the expansion and complexity of traditional social relations, family dynamics, and individual rights, thereby challenging the traditional belief that reproductive rights are not accessible independently to single women. Single women's legitimate interest in accessing human-assisted reproductive technology to bear genetically related children reflects a reasonable and lawful demand. Recognizing and safeguarding single women's assisted reproductive rights is a significant affirmation of their reproductive freedom. China's existing legal framework on reproductive rights, along with inclusive fertility policies, creates a favorable legal and policy environment for realizing this right. However, the mere establishment of a right on the basis of rationality, legality, and feasibility does not necessarily ensure its effective realization. Significant regulatory delays in assisted reproduction and unjust restrictions on single women's reproductive rights do not align with the profound implications of life science advancements, nor adequately address the social needs of contemporary China. On both legislative and practical levels, protecting single women's assisted reproductive rights presents multifaceted challenges, including legal and ethical dilemmas. Therefore, it is essential to develop a comprehensive, scientifically sound legal framework to safeguard the assisted reproductive rights of single women. Under the overarching principles of protecting individual health interests and public welfare, the framework for single women's assisted reproductive rights requires enhancement to clarify the scope and limits of these rights, establish procedural rules for rights protection, and implement a robust approval and regulatory mechanism for technological applications. This approach ensures an orderly realization of rights within a legal framework while mitigating potential safety and ethical risks associated with technological openness.

목차

Ⅰ. Origin of the Issue

Ⅱ. Justification of Assisted Reproductive Rights: A Framework Based on Emerging Rights Theory

Ⅲ. Dilemmas in Protecting Assisted Reproductive Rights : A Legislative and Practical Analysis

Ⅳ. Protection Pathways for Assisted Reproductive Rights

Ⅴ. Conclusion

키워드

Single Women Assisted Reproductive Rights Rights Justification Protection Dilemma Protection Pathway