첨단의료보조생식에 근거한 민법 제844조 친생자 추정에 관한 고찰

A Study on the Presumption of Biological Child under the Article 844 of the Civil Code, on the Basis of the Advanced Medical Technologies for Assisted Reproduction

The advanced medical technologies for assisted reproduction have diversified the methods, the places, the forms for the birth of life. And they have replaced the course of sex, pregnancy, implantation, childbirth with new medical means. These high technologies have provided the opportunities for human self-understanding as well as the treatments for infertility. In the future, we must establish new systems and laws on the basis of the human essence discovered by the high technologies. Now in the Republic of Korea, medical assisted reproduction are performed 100,000 times a year. Therefore, it's really urgent to establish the related laws and public institutions for the medical assisted reproduction. Since the Civil Code was established, the contents of the Article 844 of the Civil Code has been maintained the same. Therefore, the related laws for the medical assisted reproduction must be established independently. Considering the advanced biomedical technologies, the legal status of ‘a fertilized egg in vitro’(or ‘a frozen embryo’) must be equal to that of ‘a born’. Therefore, we must establish a new forms of ‘the biological parental relation on the basis of the medical assisted reproduction’. In a germ cell donation such as AID, we must adopt ‘the system of child welfare review by the Court’.