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KMID : 1234820150160010083
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Korean Society of Law and Medicine
2015 Volume.16 No. 1 p.83 ~ p.124
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A Study of Legal Status of Artificial Insemination Child
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Kim Ji-Yeon
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Abstract
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Currently, infertility and artificial insemination have increased. However, there is no detailed legislation about this. In this study, I’ll consider the legal status of artificial insemination child. Through the examination of the overseas legislation, we may get the reference of the future legislation. If we consider the increasing of infertility, artificial insemination should be allowed. And due to the well-being of artificial insemination child, such as the United States and France, the artificial insemination child should be regarded the legal child of the infertile couples. When the contradiction between the subject’s basic rights has occurred, we need to consider the welfare of the child preferentially. Because the artificial insemination child has no selection of opportunity in birth, unlike adults who select the artificial insemination in their own free will. The development of biotechnology should be for the treatment of human. But creation and improvement of human must be prohibited. In addition, the social investigation of recognition about A.R.T. and general public administrative legal regulation should be made. There is a need for balanced discipline through a multi-disciplinary research. This study may be providing a legal interpretation criteria of other biotechnology researches.
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KEYWORD
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A.R.T. (Artificial Reproductive Technology), A.I.D. (Artificial insemination by donor), Artificial insemination child, Test tube baby, Surrogate mother
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