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KMID : 1172020070080010027
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Journal of Korean Bioethics Association
2007 Volume.8 No. 1 p.27 ~ p.39
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Medical and Legal Consideration on Artificial Reproductive Technology using Doners
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Kim Hyang-Mi
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Abstract
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Artificial Reproductive Technology (ART) which is a kind of methods for infertility treatment has been rapidly developed. As the research using the remained embryos which are produced after ART process are proceeding actively, there are many discussions on medical, legal and ethical problems about remained embryo’s abandonment, somatic cell cloning, and stem cell therapy. If infertile couples could not be concieved by ART using their own germ cells, they might try the ART methods using donated sperms, donated oocytes or donated remained embryos. Even, It could be done with surrogated uterus. The persons who would have a relation by donation or surrogation (sperm doners, oocyte doners, embryo doners, sperm recipients, oocyte recipients, surrogate gestational mothers, the babies born through the ART with donation or surrogation protocol, and so on) must be protected legally in our society. The author primarily reviewed the medical aspect of ART, and then considering the basic personal rights of the persons who would have a relation by donation or surrogation investigated the legal and ethical issues on ART. Investigating the issues, in my opinion, it is necessary to make a law which deals with the problems from ART using doners in particular which has legal and ethical substantial issues other than those of ART between spouses. The reason for that is for protecting the human life, rights and dignity from the behaviors which could impose direct dangers on them, autonomous ethical principles of professionalism alone are not sufficient to give adequate regulations and proper limitations to related medical practice and bio-medical research.
Because, in our society, so many people call for the regislation for protecting oocytes, sperms, and embryos by donation, of the laws, especially, that for managing germ cells for ART using doners must be prepared at once. In the provisions of the law, the related medical practice and bio-medical research need to be directed and supervised by authorized institution. So, therefore, we would be able to not only give a protection for human life, rights and dignity of the persons who would have a relation by donation or surrogation, but also contribute in establishing bioethics in our society.
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KEYWORD
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Artificial Reproductive Technology using doners, Germ cell, Ethical Principle, Regislation
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