It is not illegal for single Korean women to donate sperm and perform artificial pregnancy procedures.

The single birth of the announcer Sayuri caused social repercussion. In this process, it is known that it is illegal for single women without a spouse to receive sperm donation and in vitro fertilization procedures under current national legislation, but it has been confirmed that there are no restrictions in this regard.

On the 18th, the Bioethics Policy of the Department of Health and Welfare <한겨레>In a phone call with, “Under current law, if a woman without a spouse receives a sperm donation and undergoes in vitro fertilization, it is not illegal. Bioethics law states that if you have a spouse, you must get a written consent, but the absence of the spouse is not mentioned. “He said:” It cannot be said to be illegal only with the regulations of the Society’s ethics guidelines Korean Obstetrics and Gynecology “.

Under current law, regulations on bioethics and safety when it comes to embryos and genes are contained in the ‘Law of Bioethics’ (Law of Bioethics and Safety). According to article 24 of this Law, ‘Generation consent, etc.’ It is established that if there is a spouse of the child, the written consent of the spouse must be obtained. However, it does not specify “if there is no spouse.”

Regarding the provisions of this law, an official from the Ministry of Health and Social Welfare said: “Since it is said that consent must be obtained only if there is a spouse, there is no separate regulation that restricts the donation of sperm from unmarried women without spouse. Therefore, it is not illegal for single women to receive sperm donation. “

Actually, it is difficult for single women to perform test tube procedures by donating sperm, not because of the law, but because of the guidelines and practices of society. ‘The Assisted Reproductive Surgery Guide of the Korean Society of Obstetrics and Gynecology’ (2017) stated that, as a condition for patients subject to in vitro fertilization and embryo transfer, “in vitro fertilization must be performed in a legal relationship in beginning”. These guidelines are guidelines developed by academic obstetrician organizations and are not legally effective regulations. An official from the Korean Society of Obstetrics and Gynecology said: “There are a lot of inquiries about this guideline regarding Mr. Sayuri’s unmarried birth, so we are discussing it.”

As such, there are voices that say that pregnancy and childbirth through the donation of sperm from single women is clearly illegal in the medical field, although there are no clear limiting reasons for the bioethics law and only the ethical guidelines of medical organizations. Professor Park Nam-cheol from Pusan ​​National University Hospital (Department of Urology), chairman of the Public Semen Bank, said on the 18th. <기독교방송>(CBS) ‘Kim Hyun-jung News Show’ and said, “In Korea, artificial insemination is only allowed for legally married couples. You must obtain the consent of your spouse before the procedure. Professor Park said: “Practically (pregnancy and childbirth by donating sperm from single women) is not possible in Korea.” He is in the position that these rules should change. “I believe that it is necessary to provide legal or medical help to single women who are successful in responding to the thinking of rapidly westernized youth and who have the opportunity to give birth by choosing themselves.”

In the end, the government and medical organizations show different positions in the interpretation and application of the bioethics law, increasing the confusion among women who wish to give birth to single women.