대리모제도에 대한 법적 문제

Surrogacy is an arrangement by which a woman is impregnated by assisted conception, carries the resulting fetus, and relinquishes all parental rights to the child at birth. Surrogacy has become an increasingly popular alternative for infertile couples. It is reported that 70-80 cases related to Surrogacy arrangements are occurred every year in Korea. With increased use, surrogacy arrangements provide many controversial issues surround their contract and the status of child from them. There are two types of surrogacy. The first type is the traditional surrogacy arrangement, in which a couple contracts with a surrogate mother to have the intentional father's sperm artificially inseminated into the surrogate. Here the surrogate will use her own egg, thus she will be genetically related to the child. The second type of surrogacy, called gestational surrogacy, can take place several ways. The intentional mother can use her own egg and the intentional father will use his own sperm, and the embryo, which is fertilized outside of the womb, will then be transplanted into the uterus of the surrogate mother. In this case, the surrogate is not genetically related to the child and will be used when the intentional mother is physically unable to carry the child on her own. Surrogacy can be further broken down into commercial and noncommercial surrogacy. Commercial surrogacy generally involves payments to the surrogate above and beyond reasonable expenses. Thus the surrogate is paid a fee to conceive, gestate, bear a child and relinquish all parental rights to that child after birth. Surrogacy legislation is needed because the existing family law is inappropriate to solve the unique complexities of surrogacy. The purpose of this article is to introduce and analyze the laws related to Surrogacy through comparative approach and ultimately to contribute for legislation of surrogacy law in Korea.