보조생식기술의 가족법적 쟁점에 대한 근래의 동향

This article examines the recent trends in the family law issues arising out of the assisted reproduction technology at national and international level. Firstly, in case of AID (artificial insemination by donor), there is an international consensus that the husband who has consented to the AID should be deemed the father of the child. However, there is a debate in recent years, whether or not the child is entitled to know her genetic father. Secondly, there is much controversy over the surrogate mother. In Korea, the prevailing opinion regards it as immoral and asserts that it should not be allowed. In case of the gestational surrogate mother, the prevailing opinion is that the woman who has delivered a child, not an ovum provider, is considered a mother. On the other hand, there are jurisdictions in which the surrogacy is allowed and an ovum provider is regarded as a mother. Thirdly, when a child was borne by way of posthumous insemination, could she be treated as the child of the sperm provider? In 2006, the Japanese Supreme Court denied it. In contrast, the UK passed Human Fertilisation and Embryology (Deceased Fathers) Act 2003, which recognized the sperm provider as the legal father of the child. It is urgent that there be a new statute to govern these legal issues. Furthermore, the new statute should fully respect the human right of procreation of those involved in the assisted reproduction.