대리모를 통해 출생한 아동의 출생등록 문제에 관한 헌법적 고찰

This article originated from an attempt to examine the issue of birth registration of children born by surrogate mothers from the perspective of constitutional law. As a new form of childbirth made possible by the development of assisted reproductive technology, the issue of surrogate motherhood was examined, focusing on the issue of birth registration of children born through surrogate motherhood. First, this paper tried to outline the issue of surrogacy by setting the scope of the concept of surrogacy to be covered, examining the types of surrogacy, whether surrogacy contracts are valid or not, and foreign legislative examples on whether surrogacy contracts are permitted. At the same time, through an overview of birth registration, the meaning of birth registration for children was also examined. Next, 2014. 6. 26. Mennesson v. France, the judgment of the European Court of Human Rights, which approached the issue of birth registration of children born through surrogate motherhood, from the perspective of the basic rights of the requesting parents and children, was reviewed. In the case of the ECHR case, regardless of the validity or invalidity of the surrogate mother contract, it focused on the issue of birth registration of children born through surrogate mothers, and it served as a major milestone in approaching related issues in that it paid attention to it from the perspective of fundamental rights. Accordingly, based on that discussion, the issue of birth registration of children in Korea when giving birth to a surrogate mother was examined from a constitutional level.