死後受精(死後胞胎)의 立法論的 考察

Abstract

Reproductive technology today may enable assisted conception in a variety of ways. The most commonly known method of assisted reproduction is AI(artificial insemination). Heterologous insemination refers to artificial insemination whereby the semen is supplied by a donor who is not the mother's husband. Homologous insemination is AI that utilizes the mother's husband's semen. Although AI itself is not a new medical development, its use and implementation has increased over the years as a result of improvements made to the techniques and methods by which artificial insemination may be performed. Is it possible for a widow to be made pregnant by AI wit her deceased husband's stored sperm? Such case are likely to be rare. But Technology is making it possible for an increasing number of men to father children even after death. The use of AI to reproduce after the death of one or both of the parents is often called “posthumous conception". Through technological advancements in AI methods and in the preservation of human semen, posthumous conception has become an increasingly viable option for couples who are unable to have children by traditional methods of reproduction. In particular, cryopreservation is a particularly popular technique of posthumous conception, whereby human semen may be frozen and preserved at very low temperatures for extended periods of time after extraction from the donor source. Because of the lengthy period of time over which human semen may be preserved, children may be conceived after the death of a particular donor, raising numerous legal issues relating to parental relationship and intestate succession.