死后人工生殖之禁制与开放——以德国及台湾地区的裁判为中心
发布时间：2018-12-12 02:35
【摘要】：死后人工生殖的禁制与开放,是一个法律疑难问题。德国法上的规范重点在胚胎保护,而非人工生殖技术之管制。在新布兰登堡案中,原告之卵子与其夫之精子已于其夫尚未死亡前即已完成精卵结合,故不在《胚胎保护法》禁止之列。但死后人工生殖,尚待有效管制。我国台湾地区关于死后人工生殖之争议,源起于死者家属死后取精的要求,其首要问题在于死者是否有事前同意。立法机构讨论认为,只有在具备受术夫妻的事前同意,并于配偶一方死亡后设一定期间之犹豫期的条件下,方可有条件地开放死后人工生殖。人工生殖禁制与开放的抉择,应综合考虑和审慎权衡生存配偶的生育权、死亡配偶的同意权和人工生殖子女之利益等。
[Abstract]:The prohibition and opening of postmortem artificial reproduction is a difficult legal problem. German law focuses on the protection of embryos rather than the regulation of artificial reproduction techniques. In the New Brandenburg case, the plaintiff's egg and her husband's sperm had been combined before the husband's death and were not prohibited by the embryo Protection Act. However, postmortem artificial reproduction has yet to be effectively controlled. The dispute about postmortem artificial reproduction in Taiwan originates from the request of the deceased's family members to take sperm after death. The first question lies in whether the deceased has prior consent. The legislature discussed that only with the prior consent of the husband and wife, and with a certain period of hesitation after the death of one of the spouses, can postmortem artificial reproduction be opened conditionally. The choice between the prohibition of artificial reproduction and the opening up should consider and carefully balance the reproductive rights of the surviving spouse, the consent of the deceased spouse and the interests of the children of artificial reproduction, etc.
【作者单位】： 台北大学法律学系;
【分类号】：D912.1
，
本文编号：2373735
[Abstract]:The prohibition and opening of postmortem artificial reproduction is a difficult legal problem. German law focuses on the protection of embryos rather than the regulation of artificial reproduction techniques. In the New Brandenburg case, the plaintiff's egg and her husband's sperm had been combined before the husband's death and were not prohibited by the embryo Protection Act. However, postmortem artificial reproduction has yet to be effectively controlled. The dispute about postmortem artificial reproduction in Taiwan originates from the request of the deceased's family members to take sperm after death. The first question lies in whether the deceased has prior consent. The legislature discussed that only with the prior consent of the husband and wife, and with a certain period of hesitation after the death of one of the spouses, can postmortem artificial reproduction be opened conditionally. The choice between the prohibition of artificial reproduction and the opening up should consider and carefully balance the reproductive rights of the surviving spouse, the consent of the deceased spouse and the interests of the children of artificial reproduction, etc.
【作者单位】： 台北大学法律学系;
【分类号】：D912.1
，
本文编号：2373735
本文链接：https://www.wllwen.com/falvlunwen/xingzhengfalunwen/2373735.html
