폐경기 이후 고령출산의 법적 제 문제

The postmenopausal assisted childbearing of old women has become the object of controversy in Korea nowadays. The development of assisted reproductive technology made it possible for postmenopausal old women to bear children. The postmenopausal assisted childbearing was given a riotous welcome at the first stage, but is not welcomed now. The critics say that the postmenopausal assisted childbearing is motivated by parent’s selfish needs. According to their light, the postmenopausal assisted childbearing is likely to infringe on children’s wellbeing. In addition, it is highly probable to distort the rational and fair distribution of limited medical resources. From the viewpont of medical law, the issues in postmenopausal assisted childbearing can be summed up as following two questions. Can it be justified to discriminate of late assisted childbearing by age limit? What are the criteria for the limitation?The reproductive instinct of man is just an excuse of postmenopausal assisted childbearing of old women whose pregnancy success rate is considerably low. The limitless postmenopausal assisted childbearing of old women contradicts the ideal of fair distribution of limited medical resources. But the pregnancy and delivery of women is a part of private sphere. The childbearing depends on the right of reproductive autonomy. The right of reproductive autonomy is based on the human dignity and the right of pursuing happiness under Article 10 of the Constitution of the Republic of Korea. In a word, The state should not regulate postmenopausal assisted childbearing of old women simply because of age.