대리모 계약의 법적 문제에 관한 연구-영국과 미국의 입법례를 중심으로

A surrogacy agreement refers to a contract between a surrogate mother and the intended parents. Under a surrogacy agreement, a surrogate mother is required to conceive and give birth to a child, and to deliver the child to the intended parents. The legal issues arising from surrogacy agreements are: (1) whether surrogacy agreements are against the public policy, as prescribed in Article 103 of the Korean Civil Code), (2) how to determine the paternity of a surrogate child, and (3) how to register the birth of a surrogate child. In Korea, there is no statute that governs these issues, so they can only be resolved according to the Civil Code and the Family Relations Registration Act. This article introduces the statutes of the U.K. and the U.S. that regulate surrogacy agreements. English and U.S. law set out in great detail the requirements for a surrogacy contract to be valid. The reason why the English and U.S. laws recognize the validity of surrogacy agreements is no other than the tight regulation of surrogacy agreements. This suggests that in Korea, where there are no strict regulations governing who can enter into surrogacy contracts, under what conditions, and what the content of surrogacy contracts should be, one must be very careful in recognizing the validity of surrogacy contracts. In addition, both the U.K. and the U.S. have very detailed, different rules regarding the determination of paternity of children born through surrogacy. This suggests that the issue of determining the parentage of a child born through surrogacy is not one for which there is a single, clear-cut answer, but rather a legislative policy question.