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이영규 ( Young Gyu Lee ) 한국법정책학회 2010 법과 정책연구 Vol.10 No.1
Because of recent technology in the way a child can be conceived, it became apparent that new laws defining parentage were needed. A legal mother is one who carries a child to birth. But it can now also be one whose egg was fertilized, someone who has been adjudicated as such through adoption, or one under a gestational agreement. Under these last three instances, the woman who carried the child to birth would not be the legal mother. There are two types of surrogacy. The first type is the traditional surrogacy arrangement, in which a couple contracts with a surrogate mother to have the intentional father`s sperm artificially inseminated into the surrogate. Here the surrogate will use her own egg, thus she will be genetically related to the child. The second type of surrogacy, called gestational surrogacy, can take place several ways. The intentional mother can use her own egg and the intentional father will use his own sperm, and the embryo, which is fertilized outside of the womb, will then be transplanted into the uterus of the surrogate mother. In this case, the surrogate mother is not genetically related to the child. As the use of surrogates has become more prevalent, courts and legislatures have been challenged by the legality of surrogacy agreements. Our society must determine the appropriate degree of legal regulation of these procedures. In family law is three types of motherhood including biological motherhood, legal motherhood, and social motherhood. However, the relationship between a child and her legal mother is social motherhood.
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