제3자가 관여된 생식보조기술의 법제화를 위한 제언

A Proposal for Legislation of Assisted Reproductive Technology Involving a Third Party

While reproductive medical technologies have been steadily introduced to the society because of rapid technological development, the relevant systems for their proper implementation, such as the legal regulation, are still insufficient. Currently, the improvement of relevant laws for proper response to and implementation of various issues surrounding reproductive medical technologies—including the legal status of a newborn baby—are considered as the most urgent tasks. As for the effectiveness of reproductive medical technologies involving a third party, such issues as the right of self-decision of pregnant women, human dignity, and child welfare, including pregnancy and delivery risks, are being discussed, but they are never connected to the improvement of relevant laws. Nonetheless, given that everyone can already have a child through the use of reproductive medical technology and that the relevant operation can be conducted in Korea and in foreign countries, even if it is prohibited by law, it is more important to identify the problems that can be caused by the reproductive medical technologies involving a third party than to unconditionally prohibit the technologies. Moreover, it is more desirable to control reproductive medical technologies through the establishment of a public institution that can provide relevant information, counseling, and mental care so relevant parties can secure their right of self-decision. What is the most important in implementing reproductive medical technologies is to give consideration to the preservation of the legal status of the fetus to be born as well as its welfare. The review on the legal device is necessary to ensure that persons with no responsibility do not suffer any disadvantage while sufficiently taking in consideration the right to the pursuit of happiness by the infertile couples and the right of self-decision of the providers.