대리모를 둘러싼 쟁점과 해결방안 - 입법론을 중심으로 -

= Some Legal Issues and Solutions Around Surrogate Motherhood

• 저자[authors] : 현소혜(Hyun, Sohye)

• 학술지명[periodical name] : 가족법연구

• 권호사항[Volume/Issue] : Vol.32No.1[2018]

• 발행처[publisher] : 한국가족법학회

• 자료유형[Document Type] : 학술저널

• 수록면[Pagination] : 107-148

• 언어[language] : Korean

• 발행년[Publication Year] : 2018

• KDC[Korean Decimal Classification] : 360

• 주제어[descriptor] : 대리모,의뢰부모,출산기준설,유전자기준설,의도기준설 Surrogacy,surrogate mother,surrogate contract,genetic mother,intended parents

초록[abstracts]

[There are various types of legislation about surrogacy according to the cultural background, family law tradition and reality of each country, especially about whether to allow a surrogate contract, if so, under what conditions and who is to be considered as legal parents of the child born from the surrogate mother. However there is no statute nor precedent handling the surrogate motherhood issues in South Korea, though a lot of previous studies has dealt with these problems. The purpose of this article is, based on the prior academic achievements and the research results of foreign legislation, to propose a bill draft on surrogate motherhood for not only solving the situation of interest-conflicts between surrogate mother and genetic mother but stabilizing the legal status of the child born from the surrogate mother. The conclusion is as follows: (1) the effect of gestational surrogate motherhood contract should be recognized under some strict conditions on the qualification of surrogate mother and infertility of intent parents, etc.; (2) the surrogate mother who has given birth has the status of legal mother by priority; (3) one of parties to the contract can file a complaint for granting the status of legal mother to the genetic mother; (4) the surrogate mother may withdraw the surrogate contract within a certain period after the birth, in which case judges cannot decide the genetic mother as a legal mother.]

목차[Table of content]

Ⅰ. 서 론 Ⅱ. 기존의 논의 Ⅲ. 외국의 태도 Ⅳ. 쟁점과 해결방안 Ⅴ. 결 론