여성의 재생산권리와 생명의료과학기술의 관계에 대한 소고 ― 보조생식술의 이용을 중심으로 = The relationship between the reproductive rights of women and the biomedical science and technology ―focusing on the use of the assisted reproductive technology

다국어 초록 (Multilingual Abstract)

Due to the development of the biomedical science and technology,
including the egg retrieval by the medical operation and the reproduction of
the embryo in vitro, the kind of the assisted reproductive technology has
became various, it’s use has been increased according to the medicalization
of the process from the conception to the delivery in despite of the several
bioethical controversy. The utilization of the assisted reproductive
technology should assure the reproductive rights of women, insofar as
women is the subject of the assisted reproductive technology because only
women can get pregnant by the use of the assisted reproductive technology.
The reproductive rights of women means that women has the real power
to choose and to decide the way and the process of the reproduction. This
right should also assure the right to achieve and to maintain the
reproductive health(a state of complete physical, mental and social
well-being), the right to access the information and the knowledge relevant
to the reproduction, and the right to use the biomedical science and
technology including the assisted reproductive technology.
Since as the medical treatment includes the prescription for the ovulation,
the egg retrieval by the medical operation, the multi-embryo transfer and
the selective fetal reduction that may cause a harm or baneful influence, the
utilization of the assisted reproductive technology has a direct effect on the
reproductive rights of women, particularly the reproductive health right of women. Furthermore, the gamete donation and it’s recipience as a the way
to build a family is related to the human rights(above all the reproductive
rights) of the women as the donor and the recipient. In particular, this new
way divides the motherhood into three parts: the genetic mother who offers
the egg that is essential to the fertilization, the surrogate mother who goes
through the process from the gestation to the parturition, the sponsor who
promises to raise the child.
The legal condition including the public system regarding the assisted
reproductive technology in Korea is inadequate to ensure the reproductive
rights of women who are the primary utilizer of the biomedical science and
technology including the assisted reproductive technology. Particularly,
since the gamete donation and recipience is surrounded by various
bioethical, social and legal dispute, it is not easy task to secure the
reproductive rights of the donor and the recipient. Therefore, we should
acknowledge the need of the assisted reproductive technology including the
third party reproduction using the donated gamete to the domain of bioethics
and law. We should take and introduce the gamete donation the legal
measure to guarantee the reproductive rights of women as the subject of the
medical treatment as well as the subject of the donation and the recipience.

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