대리모에 관한 입법론적 연구

These days, IVF surrogacy takes place from time to time in the country, leading even to emergence of IVF surrogacy for commercial purposes and consequent continuously-increasing disputes about it. While IVF surrogacy may provide infertile couples with hope of having children, laws regulating it have not been made in the country, and surrogacy agreement or IVF surrogacy is forced to take place covertly, resulting in increase of its harms and adverse effects to the critical point which needs some counter measures. In connection with surrogate mothers, each country across the world makes laws or accumulates precedents to resolve this problem as well as conflicts and disputes arising from it. On the other hand, regulatory laws have not been made in the country and inevitably involved people have no other way but rely on interpretation of theories and civil law, which causes much difficulties in solving disputes arising from surrogacy agreement or IVF surrogacy. This paper firstly examines patterns of disputes related with surrogate mothers and necessity for legal regulation, and conducts analysis of relevant legislations of major countries, and finally proposes details of legislation for surrogate mothers. For it, this paper suggests legislation of a special law to regulate surrogate mothers, which includes allowance and scope of surrogacy agreement, qualification for surrogacy agreement, verification of surrogacy agreement and approval of operations for surrogate mothers, effects of non-compliance of surrogacy agreement, legal status of babies borne by surrogate mothers and consideration of private international laws. Lastly, this paper proposes methods of legislation.