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KMID : 1011120090030020199
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Bioethics Policy Studies
2009 Volume.3 No. 2 p.199 ~ p.232
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A study on the amended UK Human Fertilisation and Embryology Act(2009): focusing on ‘part 2 : parenthood in cases involving the assisted reproduction’
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Kim Eun-Ae
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Abstract
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The regulation on the assisted reproduction using the gamete and embryos is one of the most important issues in the field of the bioethics law and policy. As the assisted reproduction involving the third party as the gamete donor has been increased in Korea, 「Bioethics and Safety Act(hereafter, Bioethics Act」 has been enacted in 2005 and amended in 2008. Although the amended 「Bioethics Act」have provisions relevant to the assisted reproduction, most provisions deal with its medical procedures and the health of the egg donor. The legal parenthood is not properly addressed.
In the UK, 「Human Fertilisation and Embryology Act(hereafter, HFE Act)」 has been enacted in 1990, and amended in 2008. The amended 「HFE Act」 consists of three parts. In particular, ‘part 2’ deals with the legal condition to authorize the parenthood in cases involving the assisted reproduction. Under this act, if the infertile couple(husband and wife, civil partners of each other, two persons who are living as partners in an enduring family relationship) meet the legal condition including the legal treaty as the parent in the written consent, their legal parenthood to the child who is born as the result of the assisted reproduction technology using donor’s gamete is secured. UK Human Fertilisation and Embryology Authority(hereafter, HFE Authority) provides official consent forms and the guidance in order to assure their parenthood. These consent forms and the guidance serve as the basic standard as well as the method and specific procedure to decide the legal parenthood. In ‘part 2,’ there are also the provisions that regulate posthumous reproduction and surrogacy. According to these provisions, posthumous reproduction and surrogacy, even if limited, are allowed as long as the legal condition is complied with. If the person who wants to use either of these two methods fulfills the legal condition including the legal treaty as the parent in the written consent, his or her legal parenthood to the child who is born as the result of these ways is also secured.
The spectrum of the parenthood has been extended by the invention of the assisted reproduction technology using the donor’s sperm and egg. Nowadays we can store the gamete and embryos that are frozen for the later use. Accordingly the cases that need for the provision to authorize the parenthood have been augmented. Therefore, we have to exert all possible efforts to prepare the legal standard and the appropriate procedure to define the legal parenthood involving assisted reproduction technology. In this respect, the amended 「HFE Act」and the relevant forms prepared by HFE Authority will be good references to seek for the legal standard and the appropriate procedure in Korea.
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KEYWORD
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UK Human Fertilisation and Embryology Act 2009, legal parenthood, assisted reproduction, posthumous reproduction, surrogacy, informed consent, consent form, gamete donor, Bioethics and Safety Act 2008
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