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KMID : 1172020070080010013
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Journal of Korean Bioethics Association
2007 Volume.8 No. 1 p.13 ~ p.26
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An Ethical Review of the Proposed Act for Control and Protection of Germ Cells
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Choi Kyung-Suk
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Abstract
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National Bioethics Committee in Korea passed the proposed "act for control and protection of germ cells," March 23, 2007. Now the proposed act is following its procedure for legislation. The main part of the act is to prohibit egg donation for research even though it allows egg donation for anyone who needs eggs for her infertility. The act, however, does not close any ways to get eggs for research. The act directly says researchers can use "remained eggs" with informed consent. "remained eggs" are by definition eggs that are obtained from women who need infertility treatment and also remained. Those who suffer from disease, of course, can donate their eggs for the research of these diseases. There is a way eggs for research can be obtained from normal women. Due to indirect and complicated expression of the act, this way is not easy to find. The act does not have prohibition when researchers use some of eggs that are donated by normal women for other’s infertility. I do not understand why this way to get eggs for research is not directly presented. An answer may be that Korean society worries about abuse of egg donation. This worry can be found when the act prohibits any egg donation for research. Only eggs that are primarily obtained for one’s own or other’s infertility treatment are used for research. This is committed to paternalism. Clearly prohibition of egg donation for research infringes women’s autonomy especially from western perspectives. We have to scrutinize this prohibition and say whether this is morally justified types of paternalism. I argue that the act must have taken into account the autonomy of those who are not willing to donate their eggs for research. If we do not understand Korean culture of autonomy and attitude for science, we cannot understand why this prohibition is taken. I conclude that this paternalism is understandable. Despite of this understanding, prohibition of any donation for research is too strong. We may have to reconsider some special cases in which egg donation for research as a primary purpose is legally allowed with strong requirements to confirm a donor’s genuine autonomous decision.
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KEYWORD
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Germ cells, Egg donation, Remaind eggs, Autonomy, Paternalism
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