인공자궁 등 첨단의료기술에 근거한 체외배아의 법적지위 고찰

A Study on the Legal Status of the Embryo Kept Outside of Human Body, on the Ground of the Most Advanced Biomedical Technology, Including Artificial Wombs.

The advanced biomedical technologies have provided the opportunities for human self-understanding as well as the treatment for incurable diseases. In the future, the legal theories and systems based on new paradigm must be established through considering human self-understanding and social ethics forged by the advanced technologies. In this study, the author would establish the principle for human life upon a foundation of the biotechnological accomplishments. The establishment of principle can make the scope for exceptional permission much clearer. The biomedical technologies such as IVF, SCNT-ES cell, extreme prematurity, artificial womb have made not only the scientific usefulness but also the controversy in social ethics. In order to be human life, ‘the genetic identity’ and ‘the growth potential’ are essential elements. These elements are fully completed when fertilization. So ‘the Civil Code Article 3’ must be revised as follow. “From the fertilization throughout survival, the human is the subject of rights and obligations.” The Medical assisted reproduction are performed 100,000 times a year. In the medical assisted reproduction, the ‘DNA offerer’ should be ‘the biological parents’. In a germ cell donation such AID, the court review system must be required just like ‘full adoption system’ in order to assure a child welfare.