인공생식과 친자관계에 관한 법적 문제

초록

A Study on the Legal Problem of Artificial Insemination and the Relation between Parent and Child in Japan Japanese civil law has professed 'natural insemination' doctrine, a 'threshold standard' as the basis for 'existence of blood relation' as far as decision of relation between parent and child. But If artificial insemination(ex. especially Artificial Insemination with Doctor's Semen = AID) would be done by mutual consent of a married couple or one side without consent of husband and wife, we must accept a situation occurrence of blood relation discord between parent and child. Nevertheless for protection of artificial insemination child japanese civil law must judge who is the regal parent from a mind(or intention) of parties immediately interested within the limits of it. As a result of it, today we need a new system-plan about artificial insemination jump over current Japanese civil law. Therefore it is necessary to establish a notarial act system that the artificial insemination child is publicly announced. In addition if we take a adoption system into consideration, we need to judge the artificial insemination requester is a appropriate parent. Legalization of artificial insemination under 'the best regal status stability' of the child' doctrine is the key that opens the door to protection of artificial insemination child. Legalization propulsion process of artificial insemination in current japanese civil law(2004) is hard to see yet how, but it is very suggestive in current korean civil law. In my opinion korean civil law must be amended like as if it might profess 'the best regal status stability of the child' doctrine, as the basis for a 'threshold standard' as far as decision of relation between parent and child in natural or artificial insemination.

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