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KMID : 1011120080020020135
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Bioethics Policy Studies
2008 Volume.2 No. 2 p.135 ~ p.152
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A Study on the Surrogate Mother Contract
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Lee Bong-Rim
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Abstract
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The surrogate mother contract involves the contents that get a third party woman to conceive a baby of the husband and deliver it to the couple, in case the wife of the married couple is sterile. Though making the client°≪s spermatozoon artificially fertilized in the surrogate mother is a common method, the British Surrogacy Arrangement Act is not necessarily restricted to the surrogate mother delivery by the artificial conception.
There are already some European countries which are legislatively solving the arguments about validity or invalidity of the surrogate mother contract. Not yet in Korea have there been some serious discussions to see if the surrogate mother contract is valid or invalid under the present law systems. Also there have been little accommodated some clear scientific theory or judicial precedents about the issue.
Nevertheless, the dominant view of Korean scholars seem that the surrogate mother contract is invalid. In addition, the majority of the legislation examples in various nations recognizes the invalidity of the surrogate mother. The problem is that Korea has no legislative measure against the issue. This can cause some serious problems when considering that Koreans have stronger needs for their descendents than people of any other countries. Partly because of no laws regulating the surrogate mother contract and partly because of some other reasons, the contracts are being implemented secretly in Korea, making the legal augments more serious in future.
Therefore it’s time to hurry up to make any special law relating the issue because the anticipated problems can not be avoidable. Moreover, not to prepare for any legal actions, discussing only the ethical or moral subjects, comes just to abandonment.
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KEYWORD
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Surrogate mother, The welfare of the child, Artificial insemination by husband
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