Legal Implications of In Vitro Fertilization and Embryo Transfer

Bai,  Byoung-Choo

Original Article

Korean Journal of Fertility and Sterility 1986;13(2):129-136.

Byoung-Choo Bai

Bai Women's Hospital

체외수정 및 배이식에 관한 법율고

배병주

배산부인과의원

Abstract

While the technique of In Vitro Fertilization and Embryo Transfer has been proven undoutedly, it is for from reaching a consensus on the legal implication. Legal authority regarding clinical therapeutic In Vitro Fertilization and Embryo Transfer is, for all practical purpose, nonexistant. In this paper, it is discussed existing regulation dealing with In Vitro Fertilization and Embryo Transfer and related areas i.e. the regulation related medical technologies, the use of donor sperm, donor eggs, surrogate uteri, multiple pregnancy, miscarriages, extra embryos, the technique of cryopreservation. The legality of embryo donation, the responsibility for embryo preservation or destruction and the legal status of the embryos are surveyed. Finally the various legal theories that may give rise to physician liability in connection with clinical In Vitro Fertilization are also reviewed.