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[팩트체크] Article 24 of the current Bioethics Law
Ministry of Social Welfare “The written consent of the spouse, the single woman is not illegal”
Ethics Guidelines of the Korean Society of Obstetrics and Gynecology “Must be implemented in legal marriage”
Sayuri on Instagram
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, an official from the Department of Health and Welfare Bioethics Policy said: “Under current law, if a woman without a spouse receives a sperm donation and undergoes in vitro fertilization, it is not illegal. Bioethics law only states that if you have a spouse, you must obtain written consent. There is no mention of the absence of the spouse. “He said:” It cannot be said that it is illegal only with the regulations of the ethical guidelines of the Korean Society of Obstetrics and Gynecology. ”
Screenshot of the National Legal Information Center
According to 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 stated 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 of the Ministry of Health and Social Welfare said: “There is no separate regulation that restricts the donation of sperm by single women in the absence of the spouse, since it is said that only the consent if there is a spouse. Therefore, it is not illegal for single women to receive sperm donation. ”
Korean Society of Obstetrics and Gynecology Ethics Guidelines for Assisted Reproduction (2017)
It is actually difficult for single women to perform test tube procedures through sperm donation, not by law, but by society’s guidelines and practices. ‘The Guidance of Assisted Reproductive Surgery 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. An official from the Korean Society of Obstetrics and Gynecology said: “There are many inquiries regarding this guideline in relation to the unmarried birth of Mr. Sayuri, 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 grounds for the bioethics law and only the ethical guidelines of medical organizations. Park Nam-cheol, professor at Pusan National University Hospital (urologist), president of Public Semen Bank, appeared on the ‘Kim Hyun-jung News Show’ on the 18th (CBS) and said: “ In Korea, artificial insemination is legally allowed only to 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 said.” (If Sayuri receives a procedure in Korea OB / GYN clinic), the doctor can be punished. “He is in the position that these rules should change.” I think it is necessary to provide legal or medical help to single women who are successful in responding to the thinking of young people rapidly westernized and having the opportunity to give birth by choosing themselves. “Eventually, 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 giving birth to single women By Kim Mi-hyang, Staff Reporter [email protected]
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