과학기술의 발전과 일본가족법의 대응

Abstract

Recently assisted-reproduction medical treatments have been consistently increased in Japan. Thus many issues concerning the medical service have been raised. In a case, a doctor was barred from membership due to his assisted-procreation practice, against the guidelines of Japanese obstetrics and gynecology association. In addition even after his membership deprivation, the doctor kept the debated medical practice.

Regarding the assisted-reproduction medical treatment, the Biological Father Law Association mentions that the guidelines of Japanese obstetrics and gynecology association have limitations on regulation of the new medical area. Consequently it is recognizable that designing new systems for advisable assisted-procreation by donors of sperm, egg cells, and embryos are necessary. It also includes regulating of commercial activities, such as a sale of an organ or a birth to a surrogate mother. In this respect, the Biological Father Law Association concludes that proposing new systems, including making new statutes or amending related laws, are inevitable.

Finally it shows that science and technology developments raise new issues of application and interpretation of family law. It also indicates that there are limitations on solving these problems through current statutes. Thus it is time to make new statutes or amend current laws for this challenge. However, although Korea and Japan started discussions on these issues, they did not reach the final stages as to how to legalize them.