Under South Korea’s Civil Act (Articles 844-855), parentage is determined by:
(a) The birth mother, who is automatically the legal mother (Article 844).
(b) The biological father, presumed to be the legal father if married to the mother at conception or birth (Article 844), or if he acknowledges paternity (Article 855). For unmarried couples, paternity requires voluntary acknowledgment or court establishment with evidence (Article 849).
In informal sperm donation (e.g., at-home AI or natural insemination), the donor may be recognized as the legal father if he acknowledges the child or if paternity is established judicially (Article 849), particularly with biological proof or involvement post-birth.
Assisted Reproduction:
South Korea regulates ART under the Bioethics and Safety Act (2005, amended). Sperm donation is permitted only for married heterosexual couples in licensed facilities, with strict oversight and donor anonymity required.
Informal sperm donation is not explicitly illegal but is unregulated and discouraged. Donors lack legal protections against paternity claims, and cultural stigma limits its practice outside regulated settings.
Single women and same-sex couples are prohibited from accessing regulated ART, pushing some to informal arrangements.
Sperm Donor Agreements:
In regulated ART, donors have no parental rights or obligations per the Bioethics Act. Informal sperm donation agreements are not legally binding under South Korean law.
For natural insemination (NI) or informal AI, a donor could be deemed the legal father if paternity is acknowledged or proven in court (Article 849). Private contracts may be considered as evidence of intent but lack enforceability without judicial backing.
Surrogacy:
Surrogacy is not legally recognized in South Korea and is effectively banned under the Bioethics Act. The birth mother is the legal mother (Article 844), and intending parents must adopt the child post-birth, a process rarely approved by courts.
Commercial surrogacy is prohibited, and international surrogacy arrangements face significant legal obstacles for recognition.
Parentage Agreements:
In regulated ART, parentage is formalized through marriage and birth registration under the Civil Act. Informal agreements (e.g., co-parenting or donor contracts) lack legal enforceability and carry risks.
Courts may establish paternity (Article 849) based on biology or intent, potentially overriding informal agreements if disputes arise.