대리모계약의 유효성 여부와 입법논의를 위한 제요소 연구

Abstract

There are already some European countries which are legislatively solving the arguments about validity or invalidity of the surrogate mother contract. Not yet in Korea have there been some serious discussions to see if the surrogate mother contract is valid or invalid under the present law systems. Also there have been little accommodated some clear scientific theory or judicial precedents about the issue. Nevertheless, the dominant view of Korean scholars seem that the surrogate mother contract is invalid. In addition, the majority of the legislation examples in various nations recognizes the invalidity of the surrogate mother. The problem is that Korea has no legislative measure against the issue. This can cause some serious problems when considering that Koreans have stronger needs for their descendents than people of any other countries. Partly because of no laws regulating the surrogate mother contract and partly because of some other reasons, the contracts are being implemented secretly in Korea, making the legal augments more serious in future. Therefore urgent request for legislation to regulate surrogate mother issues and Would like to mention on several factors that should be considered in such a law as enacted. First, surrogate mother and commissioned a couple of qualifications are needed. Second, the guidelines about how surrogate mother contract signed must be presented. Third, the legal status of persons born in direct policies should be. Finally, the highly personal nature of the contract that We will have to examine whether or not to allow for the possibility of termination.