死後胞胎를 위한 사후 생식물질의 추출
A Study on Postmortem Sperm Retrieval
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Abstract
The view that postmortem sperm retrieval and insemination should not be performed without explicit prior consent is generally accepted in most countries. It seems that explicit consent theory is a concern to respect previously alive persons and to be respectful to their dead bodies. Because respect for the previously alive person includes respect for that person's autonomy, the extension of the right to privacy to posthumous procreation until after death would be necessary. So it is clear that explicit prior consent would be recognized as legally valid. In this article, I also argued that if the purpose of explicit prior consent is to protect person's autonomy, reasonably inferred consent also could make postmortem sperm retrieval ethically justifiable. The universal principle of human dignity and freedom demands that competent individuals have freedom of choice over their action even after death, as long as their choices harm no one else. We can give a child a chance to be born who otherwise would not be. And the dead man's spouse or parents will be given the pleasure of a child in some compensation for their great loss. But against all these stands the interest of the child to be born. We must consider whether we are using the child as a means to satisfy other people's needs and desires and ignoring or devaluing the child's own interest or not. If the child is born to a good family who cares for the child and is willing to educate and emotionally support it, it should not matter how the procreation took place. The issue is not how the procreation took place, but how the child will be raised. And all relevant ethical and legal authorities should be consulted. I suggested that it may be useful to set up a multi-agency committee participating legal, ethical and educational experts.
참고문헌 (33)
- 김민중, "死後受精(死後胞胎)의 立法論的 考察", 가족법연구, 19(2), pp.113~165 (2005), 한국가족법학회
- 김준원, "인공수정에 관한 법리적 연구", 박사, pp.1995
- 맹광호, "인공생식에 관한 가족법상의 문제점", 가족법연구, 21(3), pp.1~56 (2007), 한국가족법학회
- 박동진, "냉동보관중인 정자의 훼손에 대한 민사법적 평가", 의료법학, 3(1) (2002)
- 이경희, "死後胞胎의 자기결정권에 관한 일고찰", 가족법연구, 21(3), pp.207~236 (2007), 한국가족법학회
- 이경희, "死後胞胎에 의하여 출생한 子의 상속권에 관한 연구", 가족법연구, 23(1), pp.233~262 (2009), 한국가족법학회
- 정규원, "인간배아복제의 법적 문제", 의료법학, 2(2) (2001)
- 정현수, "亡夫의 凍結精子에 의한 人工受精子의 法的 地位", 성균관법학, 18(2), pp.343~368 (2006), 법학연구소
- F.R. Batzer, "Postmortem Parenthood and the Need for a Protocol with Posthumous Sperm Procurement", Fertility and Sterility, 79(6) (2003)
- Daar, "Reproductive Technologies and the Law" (2006), Matthew Bender & Co., Inc
- John Doroghazi, "Gillett-Netting v. Barnhart and Unanswered Questions about Social Security Benefits for Posthumously Conceived Children", Wash. U. L.Q., 83 (2005)
- Bruce A. Fowler, "Frozen in Time: Planning for the Posthumously Conceived Child", JUN Colo. Law., ~
- N. Goldberg, "Sperm Donation, Surrogate Motherhood, Freezing the Sperm of Single Men and Posthumous Sperm Retrieval. Asia", ~ (1999)
- Sharona Hoffman, "Birth after Death: Perpetuities and the New Reproductive Technologies", Ga. L. Rev, 38 (2004)
- Summer A. Johnson, "Chapter 775: Babies with Bucks--Posthumously Conceived Children Receive Inheritance Rights", McGeorge L.Rev., 36 (2005)
- Derek Jones, "Artificial Procreation, Societal Reconceptions: Legal Insight from France", American Journal of Comparative Law, 36 (1988)
- Robert J. Kerekes, "My Child.. But Not My Heir: Technology, the Law, and Post-Mortem Conception", Real Prop. Prob. & Tr. J., 31 (1996)
- S.M. Kerr, "Post-Mortem Sperm Procurement: Is It Legal?", DePaul J. Health Care L., 3 (1999)
- Charles P. Kindregan, Jr, "Assisted Reproductive Technology, A Lawyer's Guide to Emerging Law and Science" (2006), ABA Publishing
- Charles P. Kindregan, Jr, "Posthumous Reproduction", Fam. L.Q., 39 (2005)
- Knaplund, Postmortem, "Conception and a Father's Last Will", Ariz.L. Rev, 46 (2004)
- E.M. Krampe, "Father Presence and Family Formation", Journal of Family Issues, 14(4) (1993)
- R. Landau, "Posthumous Sperm Retrieval for the Purpose of Later Insemination or IVF in Israel: an Ethical and Psychosocial Critique", Human Reproduction, 19(9) (2004)
- W. Barton Leach, "Perpetuities in the Atomic Age: The Sperm Bank and the Fertile Decedent", A.B.A. J., 48 (1962)
- Raymond C. O'Brien, "The Momentum of Posthumous Conception: a Model Act", J. Contemp. Health L. & Pol'y., 25
- Shelly Sarig, "An unusual petition for posthumous sperm retrieval? What Does It Add to the Debate?", Med. & L., 27
- Robert Sawers, "Risk Management Consent in Assisted Conception", Obstetrician & Gynaecologist, ~ (2006)
- E. Donald Shapiro, "The Widow and the Sperm: The Law of Post-Mortem Insemination", J.L. & Health, 1 (1986)
- O.M. Siegler, "Is posthumous semen retrieval ethically permissible?", Journal of Medical Ethics, 28(5) (2002)
- Carson Strong, "Ethical and Legal Aspects of Sperm Retrieval after Death or Persistent Vegetative State", J.L. Med. & Ethics., 27
- Carson Strong, "Ethics in Reproductive and Perinatal Medicine: A Framework" (1997), Yale University Press
- Carson Strong, J, "Ethics of Postmortem sperm Retrieval", Human Reproduction, 15(4) (2000)
- Kayla VanCannon, "Fathering a Child From the Grave: What Are the Inheritance Rights of Children Born Through New Technology after the Death of a Parent?", Drake L. Rev., 52 (2004)