冷凍精子を用いた死後懐胎子の親子法上の地位に関する考察 - 日韓の判例及び学説の紹介を中心に -
Study about the parent-child relationship of a child born by a posthumous insemination - Focusing on introducing theories and precedents in Japan and Korea -
There are arguments about posthumous inseminations by using frozen sperms which was preserved in purpose of artificial inseminations in the future because a husband or a wife is difficult to get pregnant by not using artificial inseminations. The first argument is that posthumous inseminations should be legally forbidden and the second is we can recognize legal parent-child relationship between a deceased father and a child born by operating posthumous inseminations. In Japan and Korea there are judical precedents about the second point. In Japan, though there is no legal rules if people can operate posthumous inseminations, the Supreme court did not recognized the legal parent-child relationship of the child (Decision on 2006 September 4th). On the other side, in Korea, though there is a legal rule that forbid posthumous inseminations, Seoul Family Court recognized the legal parent-child relationship of the child(Decision on 2015 July 3rd). Therefore, I analyzed reasons why the precedents get the conclusions in both Korea and Japan and I concluded that posthumous inseminations should be forbidden but they should recognize legal parent-child relationships between deceased fathers and children born by posthumous inseminations.