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KMID : 1011120200130020089
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Bioethics Policy Studies
2020 Volume.13 No. 2 p.89 ~ p.117
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A study on the paternity problems and informed consent in non-spousal assisted reproductive technology: Focusing on the Supreme Court’s Decision en banc Decision 2016Meu2510 decided October 23, 2019 about parent-child relationship between birth using third party sperm and father
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Kim Eun-Ae
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Abstract
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Non-spousal assisted reproductive technology(hereafter, ART) using donor’s germ cells is being carried out. And there are some legal provisions related to ART. In reality, these provisions are not designed to perfectly respond to all possible problems surrounding it. Not long ago, the Supreme Court decided on a case about parent-child relationship between birth using third party sperm and father. In this case, there was a debate on whether to obtain “father’s consent” on the formal side and to obtain “informed consent” on the practical side. Therefore, in this paper, I tried to analyze the problem centered on ‘consent’ among the various problems faced by ART using donor’s sperm. So, I identified the important point of decision and the legal principles on the first, second and third decision of the case above-mentioned, and examined the contents and limitations of the ART related provisions on the 「Bioethics and Safety Act」. At least, if everyone agree, it is necessary to make it clear legally, and in particular, there should be legal clarity on the areas that should never be a problem. Under these judgements, I proposed the way to amend the informed consent related provisions on the 「Bioethics and Safety Act」 such as to expand legal scope of consent holders to all parties involved in ART, to modify the legal list to obtain consent to include the responsibilities and duties of consent holders, to obligate to provide the explanation of consent form to consent holders and to produce the guidelines by regulatory authorities to support the preparation of it and to help the IRB review about it, to clarify when it is possible and impossible to withdraw the consent during the ART process and to restrict the withdrawal of consent after the child’s pregnancy and childbirth, to expend retention period of consent form written by consent holders to the time the child becomes an adult.
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KEYWORD
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sperm donation, non-spousal assisted reproductive technology, parent- child relationship, denial of paternity, informed consent, Bioethics and Safety Act
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