Interpreting the Protection of the Interests of the Children Born Through Assisted Reproductive Technologyon the Aspect of Family Law

• Main Author: 陳莉雯
• Other Authors: 林秀雄
• Format: Others
• Language: zh-TW
• Published: 2017
• Online Access: http://ndltd.ncl.edu.tw/handle/6hc7p3

碩士 === 東吳大學 === 法律學系 === 105 === With the improving medicine, the fertility which is given by the Nature originally can be intervened by human force in some degree. The fertility can be replaced by artificial methods from the passive contraception to aggressive reproduction. On July 26, 1978, the first test tube baby, Louis Brown, was born in the United Kingdom. Life can start in vitro rather than in vivo from then on. This turns the new page in human reproduction. In addition, human starts to utilize assisted reproductive technology. The productivity depends on not only the nature selection, but the human selection. Reproductive problems have become solvable with modern technology. Taiwan’s first test tube baby was born in 1985. Nowadays, more than five thousand test tube babies are born in Taiwan each year. There are two to three test tube babies in every 100 newborn in Taiwan. A new in vitro fertilization era has started. This technology is beneficial and useful to whom want to have descendants with difficulties. However, it also impacts some basic principles, such as traditional human rights, human dignities, ethics, moral values, marriage, descent, and laws. Confronting reproduction technology and social rules institutionalization have become the biggest problem which human faces. Opposing the impact of the improving modern reproduction technology, it is hard to find a position from the traditional legal orders which purses stability and conservation. From March 21 2007, the Assisted Reproductive Act was enforced. The assisted reproduction has become legalization instead of administrative regulation. Turning to the legislating process of this law, there are still many contradictive problems. For example, is it possible to collect semen from the death? It does not get an answer from the current law. Moreover, although there are eight chapters and forty articles in the Reproductive Act, the legal rights of the children born through artificial reproduction are only ruled from the article 23 to 25. It is special rules of Civil Code. However, it cannot apply for all kinds of relationship by the assisted reproduction and reveal every kind legal status of children. In addition, this law cannot be applied on the every types of the children born through assisted reproduction. Therefore, this article aims to find a solution for the disputation related to the children born through assisted reproduction that are not mentioned by the current Assisted Reproductive Act, to protect the various legal rights of the children born through assisted reproduction. This article will start the comprehensive discussion by the current laws from the concept of assisted reproduction and the Assisted Reproductive Act to the legal status of the children born through assisted reproduction. For the various parent-child relationships, which are not covered by the Assisted Reproductive Act, this article tries to discuss whether the family part of the Civil Code can define the legal paternity. In addition, collecting semen from the death is a special chapter in this article. Nevertheless, no matter the law permits the collecting or not, the benefit of the children from the death should be the key concern for the legislation and the dealing with cases, because life should not be determined or be as a scapegoat before the life starts and infringe the human dignity. Therefore, by the viewpoints of maximizing the profit of children, this article tries to discuss the laws about the permissibility of collect semen from the death and the identification of the children born through assisted reproduction and the heritage of the property. Finally, the influence of the Family Act, which was enforced on June 1, 2012, for typical legal paternity cases can be discussed. It can be known the current judicial judgments related to artificial reproductive cases by the actual judgement of the assisted reproduction.