대리모계약에 관한 연구

The Study on Surrogacy Agreement

It shows that the development of Biotechnology raise new issues of application and interpretation of family law One of the issues is surrogacy agreement That is to say, the proliferation of new productive technology such as in-vitro fertilization makes it available for infertile couples to make the gestational surrogacy agreement with the prospective surrogate mother So in Korea, it is reported that the number of instances concerned with this agreement is now increasing But there is no legislation in Korea with regard to this agreement, whether it is valid or invalid It indicates that there are limitations on solving these problems through current statutes It means that solving these problems leaves theory and a judicial precedent According to traditional opinion, the argument that surrogacy agreement is not valid for the reason that it violates Article 103(Public Policy) of Civil Law However the concept of 'public order and standards of decency' is not fixed but changeable Thus, whether surrogacy agreement is valid or not invalid must acknowledge according to the contents of the agreement made by the concerned parties In order to prevent legal disputes over the decision of mother child relationship in case of childbirth through gestational surrogacy, it is necessary to provide by law Therefore we must refer to international perspectives on the foreign legislations in order to provide with some guideline for Korean legislation regulating the gestational surrogacy agreement Through international perspectives, we must establish a law for the effect of this agreement(i e the status of the child resulting from this agreement, the legitimate mother, the possibility of termination, etc) and the requirement for validating the surrogacy agreement(i e the qualification of intended parents and the surrogate mother, the form of this agreement, a reward for surrogacy agreement, etc) Denying surrogacy agreement can be another way to concubines in secret Besides, though surrogacy agreement is forbidden by law, it will be an unrealistic legislation Put it in a nutshell, we noted that attaining the best interest of the child resulting from surrogacy should be the goal for Korean legislation