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@article{ART001427129},
author={KIM MIN KYOU},
title={Recent Discussions about Assisted Reproductive Technology and the Subject},
journal={DONG-A LAW REVIEW},
issn={1225-3405},
year={2010},
number={46},
pages={201-243}

TY - JOUR
AU - KIM MIN KYOU
TI - Recent Discussions about Assisted Reproductive Technology and the Subject
JO - DONG-A LAW REVIEW
PY - 2010
VL - null
IS - 46
PB - The Institute for Legal Studies Dong-A University
SP - 201
EP - 243
SN - 1225-3405
AB - In despite of being on the increase of the childbirth due to assisted reproductive technology(ART), there is no legislation in Korea so far. Therefore, it is causing confusion in medical practice and in judicial judgment and moreover gradually emerged as a social problem. I've investigated the theoretical studies and judicial judgment(in Japan)about three types, namely, artificial insemination by donor(AID), surrogate pregnancy and posthumous reproduction mainly in this study, and the future subject is as follows :First, if the legal relationship of parent and children born by ART is decided on the basis of kinship(blood relationship) in the current Korean Civil Law, we should review that the biological parent-child relationship is accomplished all thorough in determining of kinship in Civil Code in Korea, whether or no. Second, if we should interpret that it is to be kept up “parturient=legal mother rule”, it is necessary to deem as legal mother whether she has an intention of bringing up children. Since it is so, we have to think over again, this rule is coincided with best welfare of children, whether or no. Third, if the decision criteria for parent-child relation due to natural reproduction parallel the rule with relationship born by ART, it is contradictory each other in natural relation and legal one. whether or no. Fourth, it is proposed the following grounds as decision criteria : called “clarity” and “uniformity” to decide on relationship of mother and child. But they are ones that didn't considered the intention of care and feeding of children. If we can not deny that the right to take children is parent's right, it is ignored ‘the autonomy in person's life design’ in consequence.
KW - assisted reproductive technology(ART);artificial insemination;artificial insemination by donor(AID);surrogate pregnancy;posthumous reproduction;host mother;surrogate mother;parent-child relationship;legal system of medicine;legal system of parent and children
DO -
UR -
ER -

KIM MIN KYOU. (2010). Recent Discussions about Assisted Reproductive Technology and the Subject. DONG-A LAW REVIEW, 46, 201-243.

KIM MIN KYOU. 2010, "Recent Discussions about Assisted Reproductive Technology and the Subject", DONG-A LAW REVIEW, no.46, pp.201-243.

KIM MIN KYOU "Recent Discussions about Assisted Reproductive Technology and the Subject" DONG-A LAW REVIEW 46 pp.201-243 (2010) : 201.

KIM MIN KYOU. Recent Discussions about Assisted Reproductive Technology and the Subject. 2010; 46 : 201-243.

KIM MIN KYOU. "Recent Discussions about Assisted Reproductive Technology and the Subject" DONG-A LAW REVIEW no.46(2010) : 201-243.

KIM MIN KYOU. Recent Discussions about Assisted Reproductive Technology and the Subject. DONG-A LAW REVIEW, 46, 201-243.

KIM MIN KYOU. Recent Discussions about Assisted Reproductive Technology and the Subject. DONG-A LAW REVIEW. 2010; 46 201-243.

KIM MIN KYOU. Recent Discussions about Assisted Reproductive Technology and the Subject. 2010; 46 : 201-243.

KIM MIN KYOU. "Recent Discussions about Assisted Reproductive Technology and the Subject" DONG-A LAW REVIEW no.46(2010) : 201-243.