여성의 재생산권리와 생명의료과학기술의 관계에 대한 소고 ― 보조생식술의 이용을 중심으로

Abstract

Due to the development of the biomedical science and technology, including the egg retrieval by the medical operation and the reproduction of the embryo in vitro, the kind of the assisted reproductive technology has became various, it’s use has been increased according to the medicalization of the process from the conception to the delivery in despite of the several bioethical controversy. The utilization of the assisted reproductive technology should assure the reproductive rights of women, insofar as women is the subject of the assisted reproductive technology because only women can get pregnant by the use of the assisted reproductive technology. The reproductive rights of women means that women has the real power to choose and to decide the way and the process of the reproduction. This right should also assure the right to achieve and to maintain the reproductive health(a state of complete physical, mental and social well-being), the right to access the information and the knowledge relevant to the reproduction, and the right to use the biomedical science and technology including the assisted reproductive technology. Since as the medical treatment includes the prescription for the ovulation, the egg retrieval by the medical operation, the multi-embryo transfer and the selective fetal reduction that may cause a harm or baneful influence, the utilization of the assisted reproductive technology has a direct effect on the reproductive rights of women, particularly the reproductive health right of women. Furthermore, the gamete donation and it’s recipience as a the way to build a family is related to the human rights(above all the reproductive rights) of the women as the donor and the recipient. In particular, this new way divides the motherhood into three parts: the genetic mother who offers the egg that is essential to the fertilization, the surrogate mother who goes through the process from the gestation to the parturition, the sponsor who promises to raise the child. The legal condition including the public system regarding the assisted reproductive technology in Korea is inadequate to ensure the reproductive rights of women who are the primary utilizer of the biomedical science and technology including the assisted reproductive technology. Particularly, since the gamete donation and recipience is surrounded by various bioethical, social and legal dispute, it is not easy task to secure the reproductive rights of the donor and the recipient. Therefore, we should acknowledge the need of the assisted reproductive technology including the third party reproduction using the donated gamete to the domain of bioethics and law. We should take and introduce the gamete donation the legal measure to guarantee the reproductive rights of women as the subject of the medical treatment as well as the subject of the donation and the recipience.