보조생식술에 의해 출생한 자녀의 법적 지위와 친족관계 -독일의 보조생식술에 의한 친자관계의 법률문제와 시사점을 중심으로-

In Korea and Germany, as the age of marriage increases and the age of women and men of childbearing age increases, the possibility of reproduction for childbirth is decreasing, and as a result, the demand for childbirth through artificial insemination is gradually increasing. Korea allows assisted reproductive technology for legally married and common-law couples (since 2019), and assisted reproductive technology is implemented in accordance with the 「Bioethics and Safety Act」, 「Assisted Reproductive Technology Ethical Guidelines」, etc. However, despite the fact that there are quite a few people born through assisted reproductive technology, there are still no provisions governing paternity through artificial birth in the Civil Act or special laws. In Germany, artificial insemination is widely permitted for married couples (same sex and opposite sex), registered living partners (same sex), cohabiting couples (same sex and opposite sex), and single women, and their paternity under the Family Act is legally recognized. It is being disciplined. In addition, Germany prohibits egg donation and surrogacy by law, but the paternity of the person born is judged separately from this. This is because it is believed that emphasizing only the general preventive thinking of banning surrogacy may result in disadvantages for children born through surrogacy. In this paper, we review trends in legislation and precedents on legal issues related to paternity through assisted reproductive technology in Germany, as well as issues being discussed in the current situation. In addition, we classified recent issues in Korean case law into father-child relationships, mother-child relationships, and surrogate mothers, discussed these issues, and reviewed the implications of German law for us.