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대리모 계약·출산과 관련된 국내외 입법동향 및 국내 의료계와 법조계의 시각차에 대한 검토
최아름,김성은,백경희 충북대학교 법학연구소 2020 과학기술과 법 Vol.11 No.2
The medical development of Assisted Reproductive Technology (ART) significantly assists infertile couples who are unable to conceive or carry a child as a result of congenital or acquired diseases. However, the process of artificial insemination by surrogacy arrangements or surrogate pregnancy has caused continued controversy surrounding legal and ethical issues. While surrogacy arrangements/surrogate pregnancy are considered invalid in the court, such measures are in practice performed with the assistance of doctors. From the legal perspective, although the measures are not recognized as the form of pregnancy and birth, the practice of surrogacy has already existed from the medical & practical viewpoints, indicating a significant gap between two sides. There are growing concerns about problems with surrogate pregnancy. The absence of stated regulations on such practice could lead to the failure in fulfilling duty by mutual parties, therefore having difficulty in securing the legal status of a baby. The health of a surrogate mother can be possibly damaged. Additionally, the intervention of illegal brokers could lead to the dangers of excessive commercialization. In fact, there are few statistics on how many children are formally born through such practice, therefore causing social problems for a long time, such as the related fraud, refusal to surrender a child, etc. In spite of such problems, it is hard to come up with active countermeasures or prepare statistics. Accordingly, this paper explores the differing views between the court and the medical community on surrogate pregnancy. By conducting a comparative study on the latest social status and the systems at home and abroad, this paper is aimed to arrive at a conclusion on desirable improvements in the system based on in-depth interviews with surrogacy-related experts in Korea. To accomplish this, the paper provides a change in the current system and a review of intervention. In addition, to secure safety of surrogate mothers and contracting parties and prevent any harm, the paper presents a viewpoint on whether a social consensus can be reached as to what issues should be considered top priority regarding the progress of discussions in the future.
Articles : Assisted Reproductive Technology in Japan: Focus on Surrogate Pregnancy
( Nishi Kiyoko ) 아세아여성법학연구소 2013 아세아여성법학 Vol.16 No.-
In Japan, Assisted Reproductive Technology (ART) is widely practiced since 1949. However there is no legislation on pregnancy using ART. This article surveys the current situation of ART in Japan, and examines focusing on two problems: (1) whether surrogate pregnancy (gestational carrier) is acceptable; and (2) the parentage of children born by means of surrogate pregnancy. This article draws two conclusions: (1) surrogate pregnancy may be allowed in the exceptional case; and (2) although the surrogate mother should be the legal mother even when the eggs of the commissioning female are used, a narrow way which changes the commissioning female into a legal (natural) mother should be provided.
체외수정 및 배아의 대리모 자궁내 이식후의 임신성공 2례
이두룡,정태일 啓明大學校 醫科大學 1992 계명의대학술지 Vol.11 No.3
Details are given of two intrauterine pregnancies and its outcomes established by implanting in vitro fertilized three-cell, four-cull, four-cell(case 1)and three-cell, four-cell(case 2) embryos into the surrogate uterine cavities. Case 1 patient has expierence of treatment about tuberculous endometritis and case 2 has no uterus, because that she got subtotal hysterectomy due to postpartum uterine atonic bleeding after cesarean delivery, 1986. The embryos were obtained by in vitro fertilization of three intermediate oocytes, one preovulatory oocytes(case 1) and three intermediate oocytes(case 2) aspirated transvaginal ultrasonograpically 34 hours after injection of hcg during the patient's hyperstimulated menstrual cycle with Lucrin (GnRH-a) , FSH, Pergonal. Progressively increasing levels of serum β-hcg confirmed the presence of early pregnancies. Ultrasound examination revealed intra-uterine gestational sacs with fetal heart beats at 7 weeks, 7weeks respectively. Because of surrogate mother's request, it was elected to deliver the patient by induction at pregnancy 32 weeks. A female Infant weighing 2,160gm was delivered on December 8,1991. After delivery, infant was admitted in incubator for one month due to low birth weight. Baby weighing 2660gm was discharged in good condition, January 7,1992(case 1). Case 2 is now ongoing pregnant 27 weeks and doing well.
이형석 원광대학교 법학연구소 2011 의생명과학과 법 Vol.6 No.-
Surrogate pregnancy, infertile couples at the request of Iranian women in the third to the artificially modified, or, by transplanting the fertilized egg to make pregnancy and childbirth is a medical approach. Surrogate pregnancy on the reproductive selfdetermination is recognized as one of the. Surrogate pregnancy is voluntary, however, not forced by social pressure is likely. In addition, a third party on behalf of pregnancy, especially considering the interests of the child should be born. And ethical issues in surrogate pregnancy, whether it is appropriate to regulate by law against the need to consider. Finally, the prohibition of surrogate pregnancy, children born under the law about whether the child is a problem, someone in Japan about the current regulations regarding the direction shall review and revise the Civil Code.
이형석 원광대학교 법학연구소 2011 의생명과학과 법 Vol.6 No.-
Surrogate pregnancy, infertile couples at the request of Iranian women in the third to the artificially modified, or, by transplanting the fertilized egg to make pregnancy and childbirth is a medical approach. Surrogate pregnancy on the reproductive selfdetermination is recognized as one of the. Surrogate pregnancy is voluntary, however, not forced by social pressure is likely. In addition, a third party on behalf of pregnancy, especially considering the interests of the child should be born. And ethical issues in surrogate pregnancy, whether it is appropriate to regulate by law against the need to consider. Finally, the prohibition of surrogate pregnancy, children born under the law about whether the child is a problem, someone in Japan about the current regulations regarding the direction shall review and revise the Civil Code.
이화 ( Hua Li ) 아세아여성법학연구소 2011 아세아여성법학 Vol.14 No.-
The advancement of an assisted reproductive treatment can guarantee reproductive rights to women felling painful due to sterility, it is a realistic alternative that women who don`t have the womb inherently or excised the womb because of diseases except a tumor, can have children with one`s own genes. But the problem is that the artificial intervention was forbidden under the Chinese law. This article examines the social and legal problems caused by these legislations and discusses ethical and legal issues raised concerning surrogate mother. There are some arguments for and against surrogate motherhood, but this can be ehically justified in that there is no exploitation, no commercialization of women`s body, ect,. As the use of surrogate mother has become more prevalent in recent years in China, this article suggests the Chinese government need to introduce a new surrogacy legislation to achieve appropriate balance between the infertile couples surrogate children and the society.
이두룡 啓明大學校 醫科大學 1991 계명의대학술지 Vol.10 No.3
Details are given of a successful pregnancy established by implanting in vitro fertilixed two four-cell and three-cell embryos into the uterine cavity of surrogate mother. The embryos were obtained by in vitro fertilization of 1 preovulatory & 3 moderately matured ovumes. Ptient's hyperstimulation was done with Lucrin, FSH, HMG(Prgonal). Increased levels of serum beta-hCG and ultrasound examination revealed one intra-utrine gestational sac with fetal heart beat at 7 weeks and normally growing fetus at 12 weeks. The ovumes were aspirated transvaginally 33 hours & 50 minutes after injection of hcg during patient's hyperstimulated menstrual cycle.
선천성 질결여증 여성에서 신생질을 통한 난자채취에 의한 성공적인 대리모임신
박준철 ( Joon Cheol Park ),신소진 ( So Jin Shin ),김종인 ( Jong In Kim ),이정호 ( Jeong Ho Rhee ),김택훈 ( Taek Hoon Kim ) 대한산부인과학회 2003 Obstetrics & Gynecology Science Vol.46 No.3
Congenital absence of vagina (Mayer-Rokitansky-Kuter-Hauser Syndrome) is the second most common etiology of primary amenorrhea and also cause of primary infertility. Management for these women comprise of construction of neovagina for sexual life and scre