Due to development of medical technology, artificial conception became possible to treat those infertile couples. Also in Korea, the technology of artificial insemination (AI) has been developed astonishingly to include such techniques as
external
fertilization and grafting of embryo transfer (ET), making AI practical. Although infertile couples could have a hope since the birth of the first test-tube baby in 1985 in Korea, very complicated social, ethical and legal problems arose such as
legal
status of the baby obtained through artificial insemination(AI), responsibilities of the parents, and commercialization of providing sperms, embryos and surrogate mothers for the transplantation use. In many countries around the world, laws
relating to
these problems have already legislated to specifically address the legality of artificial insemination, extent of allowing AI, responsibility for performing artificial insemination, and provisions on responsibility; however, we need legalization
of
AI
in Korea since it is being performed extensively before reaching social agreement or examining legally. First, the current situation of artificial insemination in Korea and systematic, ethical and religious ramifications of artificial
insemination(AI)
is discussed in the present paper. Next, by comparing and analyzing legalization of AI in other countries, the direction and content of legislation were examined As for the content, the adaptability of performing AI, the format of agreement by
the
person performing AI, the roles and responsibilities of the parents, protection and handling of information pertaining to the related data of the person performing AI, clinical examination at the time of performing AI, status of the donor, and
items
related to the place and person performing AI should be the center of the benefit and protection of the law. We set the qualification standard of the place and doctor performing AI, defined the bioengineering permitting range (prohibiting tests
challenging life ethics) of AI, and suggested the limiting of the times of keeping the provided sperms and fertilized eggs and the number of times of supplying sperms of a same donor, preserving the records related with AI, duty of keeping
secrecy,
duty
of maintaining safety, and duty of barring for profit purposes. Also, the status of the person receiving AI to be husband and wife and by accepting the duty to be supported as a legitimate child, the child needs to be protected legally and
systematically. Before making the legislation for AI, voluntary regulation of the organization and administrative guidelines related with administrative direction and management should be prepared for procedural regulation.
|