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Determining of Legal Parenthood in Full/Gestational Surrogate Mother: Focusing on the Case Related to 2018V15 Decision by the Seoul Family Court on May 9 2018

  • Korean Journal of Medical Ethics
  • Abbr : 의료윤리
  • 2018, 21(3), pp.219-240
  • DOI : 10.35301/ksme.2018.21.3.219
  • Publisher : The Korean Society For Medical Ethics
  • Research Area : Medicine and Pharmacy > General Medicine
  • Received : August 22, 2018
  • Accepted : September 10, 2018
  • Published : September 30, 2018

Eun-Ae Kim 1,  Sujung Yoo 2

1이화여자대학교
2경희대학교

Accredited

ABSTRACT

South Korea’s “Civil Act” and the “Act on the Registration, etc. of Family Relationships” does not reflect the reality concerning the use of assisted reproductive technology and surrogate pregnancy. Legal questions still arise for children born through surrogate pregnancies. In some cases, birth registrations are being rejected because the personal information of the intended mother listed on the birth registration form is inconsistent with the personal information of the surrogate mother listed on the birth report. Moreover, the Seoul Family Court recently ruled that the rejection of birth registrations in such cases is appropriate due to the invalidity of surrogate contracts that violate public order, citing the need to maintain parent decision standards as per the existing “Civil Act.” This article addresses some of the ethical and legal issues surrounding surrogacy, especially the formation of legal parenting policies for parents and children, by examining the facts and recent decisions of the Seoul Family Court.

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This paper was written with support from the National Research Foundation of Korea.
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