대리모의 법적 문제점과 입법 필요성에 관한 연구

Abstract

Recently, a woman bore a baby using her husband's sperms after his death. Through development of medical technology, assisted reproductive techniques (ART) enable people who can't become pregnant naturally to become parents. In Korea, infertile couples have gradually increased. So the problem of surrogate motherhood has been intensified. Nevertheless, there is no legislation to resolve the surrogate issue. On the outside, the problem revealed that surrogate mothers are treated like a tool. Also, surrogate mother's health and their residential environment have already become problems. If children who were born from surrogate mothers have malformation or disability, couples who contract with surrogate mothers will refuse to retrieve them. This is intended to trample the human rights of children. This problem is likely to occur in Korea. Therefore it should legislate for surrogate motherhood and children to protect from legal dispute. About the legal status of the child whom surrogate mother gave birth to it is ideal that dealing with generalized specific rules. But there are no regulations for surrogate motherhood. In this case, we resolve the problem using the court’s decision. Relying on the court’s ruling without the law brings on a bad influence upon legal stability and predictability. Thus at least the law will have to be made in legal position for the child whom surrogate mother gave birth to. Meanwhile, the nation which allows people to have child using surrogate contract or prohibit surrogate motherhood turns on social agreement that reduce side effects of legislation.