An opinion was expressed that criminal punishment does not appear possible in the legal issues surrounding actress Lee Si-young, who successfully gave birth after implanting a frozen embryo without her ex-husband's consent.
On the 17th broadcast of YTN Radio "Lee Won-hwa lawyer's Case X-file," lawyer Lee Jeong-min grants to discuss the case of Lee Si-young, who gave birth to her second daughter after receiving a frozen embryo transfer without her ex-husband's consent.
The lawyer said, "It is true that Lee Si-young implanted a frozen embryo without her ex-husband's consent, but criminal punishment does not appear possible," and added, "The Bioethics and Safety Act requires confirmation of the couple's consent at the time of embryo creation, but there is no 're-consent' provision at the 'transfer stage,'" and said, "It is highly likely that the documents when the fertilized embryo was created included wording that it was 'transferable,' and this tends to be interpreted as implied consent."
He went on to explain, "Because the transfer occurred after the divorce, the Civil Act's 'presumption of legitimacy for children born during marriage' does not apply." In other words, legally the child is born as an 'out-of-wedlock child' carrying the ex-husband's genes, and a father–child relationship is not established until the father legally acknowledges the child, but in Lee Si-young's case, since the ex-husband has already said, "I will fulfill my responsibilities as a father," if he goes through the acknowledgment procedure, all rights and obligations as the biological father—such as child support, inheritance and visitation rights—are expected to arise equally.
Regarding the opinion that 'shouldn't she be held responsible for becoming pregnant without her ex-husband's consent,' he said, "If there was consent already at the embryo creation stage, it is difficult to challenge the transfer itself. If a clear expression of opposition (withdrawal of consent) was delivered to the hospital before the transfer, the possibility of damages claims could open up," but noted that in this case there is no evidence the ex-husband submitted a withdrawal letter, so "the likelihood of it leading to a legal dispute is low."
Lawyer Lee Jeong-min emphasized, "From the standpoint of the person who gave birth, a situation in which the father's legal status is not determined immediately at birth can be excessively harsh," and said, "There needs to be a system reform that grants the 'presumption of parentage' based on the time of embryo creation."
Lee Si-young, who turns 43 this year, announced her second pregnancy in July. The reason this news was surprising was that Lee Si-young had divorced in May, and it was shocking that the father of the second child is her ex-husband and that she became pregnant through in vitro fertilization without her ex-husband's consent. She successfully gave birth on the 5th, and Lee Si-young drew attention by entering the nation's most expensive postpartum care center, where the two-week fee ranges from a minimum of 12 million won to a maximum of 50 million won.
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