|
KMID : 0986719990060010067
|
|
Korean Journal of Medicine and Law
1999 Volume.6 No. 1 p.67 ~ p.90
|
|
|
Legal issues on wrongful sterilization and birth
|
|
이은영
|
|
|
Abstract
|
|
|
Medical development has given us the ability to exercise authority and have influence on birthing practices. Recently an individual right to decide about the birth of offspring has been emphasized in the context of constitutional rights related to happiness and human dignity. There are legal and social issues about birthing. In this paper legal issues that have been raised about wrongful sterilization and birth will be studied.
The sterilization of the handicapped should be allowed only when parents(a person with parental authority) or a guardian agrees based on the degree of autonomy and the interests of the handicapped, or after the case has been examined by a committee composed of specialists should it be performed legally.
Within the boundary of scientific technology and ethics, parents efforts not to give birth to a handicapped child should be respected, and doctors cooperation on this matter should be justified.
Regarding unacceptable birth; “options concerning the prospect of giving birth to a handicapped or rights to decide” will be protected under civil liability laws. Under this benefit and protection of the law, wrongful birth of handicapped children can be controlled, confidence in medical circles will improve by recognizing malpractice liability, and the range of compensation for damages will be reviewed rationally.
|
|
|
KEYWORD
|
|
|
|
|
|
FullTexts / Linksout information
|
|
|
|
|
|
Listed journal information
|
|
|