제3자를 이용한 생식보조의료와 친자관계 = Assisted Reproductive Technology Using A Third Party and Parentage

다국어 초록 (Multilingual Abstract)

In contemporary society, assisted reproductive technology (ART) has become a means not only for individuals and couples facing infertility but also for single women and same-sex couples to form families. The advancement of ART challenges traditional legal concepts of parentage, necessitating a redefinition of the relationships between biological connection, legal status, and social parental roles. Particularly, the increasing involvement of third parties in ART, such as sperm and egg donation and surrogacy, raises significant legal and ethical issues, requiring a reassessment of existing standards for parentage.
The intersection of neoliberal market logic and post-structuralist thought has further complicated the discourse surrounding ART. The international commercialization of reproductive services has led to the expansion of reproductive tourism and surrogacy markets, demanding corresponding legal and ethical regulations. Simultaneously, the diversification of family structures has highlighted the need for legal recognition of single and same-sex parents, fostering a paradigm shift that redefines parentage based on intention and responsibility rather than biological ties.
This study grounded in the premise that a hard-law framework is necessary to ensure the full realization of children's rights, explores the possible legal standards for determining parentage. By drawing upon French legal theories, this paper examines the potential criteria that can serve as a basis for establishing parentage in the evolving landscape of ART.