亡夫의 凍結精子에 의한 人工受精子의 法的 地位 = Legal Status of a Child conceived after the husband"s death using his Frozen Sperm

다국어 초록 (Multilingual Abstract)

  Currently, assisted reproductive technologies including in vitro fertilization are rapidly developing, but the formation of social consensus or institutionalization regarding this hasn’t been established yet. In Korea, in vitro fertilization, which could be called as a reproductive revolution and the opening of a new reproductive age, was first succeeded in 1985, and since then, a number of the procedures have been conducting with the increasing trend of preservation of frozen sperms, but there are no proper rules to regulate this practice. It has long been practiced the Artificial Insemination by Husband (AIH) generally among sterile spouses who want to have their own children in our nation, but the other artificial insemination techniques are also generally accepted. However, the use of frozen sperms after death, which included in AIH in its form, is considered to be still remained in a dead ground.<BR>  In other countries, since the legal questions regarding after death fertilization by using dead husbands’ frozen sperms were raised, the legal status of artificially inseminated babies has been approved through precedents and laws under a certain condition. Recently, a legal action for paternity recognition attracted people’s attention in Japan, which was raised by a person who was born through artificial fertilization by using dead husbands’ frozen sperms. Thus, it is a possible scenario that such legal problems regarding birth after death by frozen sperms could be raised in our country.<BR>  As mentioned above, the problems regarding fertilization after death is realistic and legal problems which might happen in Korea someday, this study was attempted to solve the problems in consideration of overall legal problems in aspects of family law including whether fertilization after death is to be allowed or not, for they are possible to be raised in association with artificially inseminated babies who were born through frozen sperms after their father’s death.

목차 (Table of Contents)

• Ⅰ. 머리말
  Ⅱ. 冷凍精子의 法的 地位와 死後 人工受精의 허용 여부
  Ⅲ. 死後 人工受精子의 法的 地位
  Ⅳ. 맺는말
  Abstract