A Study on the Regulation of the Egg Donation and the Compensation for the Egg Donation in Korea
In Korea, the provisions concerning the egg donation for the purpose of either other’s pregnancy or research have been provided by「Bioethics and Safety Act」, which was enacted in 2005 and revised in 2008. According to this revised Act, the egg donor have to take the physical examination in order to judge her appropriateness as the egg donor. In addition, the egg donation is restricted in its number up to 3 times and is able to be carried at 6 months intervals. The egg donor can be compensated for the actual expense resulting from the egg donation. After the egg donation and the compensation for the egg donation, the Embryo Producing Medical Institution have to report the detailed information about the egg donation and the compensation to the egg donor that was occurred in the institution to both the Institutional Bioethics Committee and the Ministry of Health and Welfare. Consequently, these legal procedures and standards that are related to the egg donation are very meaningful and significant to guarantee the donor’s reproductive health rights personally and to protect the bioethics and safety socially. However, these directions are not fully addressed for the protection of the rights of the parties who are involved in the donation and recipience, especially the egg donor. There are many issues that have to be considered to guarantee the rights of the parties. Therefore, we have to rethink and discuss about issues surrounding the use of the assisted reproductive technology and the egg donation and recipience ethically, socially, and legally, so that we should have to attain to the social consensus and to bring about an legal agreement.