Lee Si-young's Second Daughter Born via Embryo Transfer Without Ex-Husband's Consent; Legal Expert Analyzes Implications
A legal expert has weighed in on the legal intricacies surrounding actress Lee Si-young's recent birth of her second daughter, conceived via embryo transfer without her ex-husband's consent.
During an appearance on YTN Radio's 'Lawyer Lee Won-hwa's Case X-File', lawyer Lee Jeong-min stated, "While it is true that Ms. Lee Si-young transferred a frozen embryo without her ex-husband's consent, criminal punishment does not seem likely."
Lawyer Lee explained that the Bioethics and Safety Act mandates spousal consent at the time of embryo creation but lacks specific provisions requiring renewed consent at the implantation stage. She suggested that the documentation for embryo creation likely included a clause for "implantable status," which is often interpreted as implicit consent.
Furthermore, the expert noted that since the implantation occurred after the divorce, the legal presumption of a child born during marriage does not apply. Legally, the child is considered an "extramarital child" with the ex-husband's genetic material, and a father-child relationship is not established until the father legally acknowledges paternity through "acknowledgment."
However, given the ex-husband's prior statement expressing his intent to "fulfill his responsibilities as a father," the legal relationship, including obligations like child support, inheritance, and visitation rights, is expected to be established upon completion of the acknowledgment process.
Addressing questions about holding the ex-husband responsible for a pregnancy without consent, lawyer Lee clarified that if consent was given during embryo creation, the implantation itself is difficult to contest. She did mention that the possibility of seeking damages could arise if the ex-husband had clearly communicated his withdrawal of consent to the clinic prior to implantation. However, in this case, without evidence of such withdrawal, the likelihood of a legal dispute is considered low.
Lawyer Lee also pointed out loopholes in the current legal framework. She highlighted the absence of regulations for consent at the implantation stage, despite a surge in frozen embryo storage and transfers, and the unstable legal status of newborns due to the non-application of the presumption of paternity.
She specifically emphasized that the situation, where a child's legal paternity is not immediately established at birth, can be excessively harsh for the mother. Therefore, she advocated for improvements to the system, such as granting the presumption of paternity based on the embryo creation date.
Lee Si-young announced the birth of her second daughter on the 5th, expressing gratitude. While the decision to proceed with embryo implantation alone after her divorce initially sparked controversy, legal disputes appear to have been settled following her ex-husband's commitment to his paternal responsibilities.
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Netizens commented, 'Ms. Lee Si-young is amazing,' 'The child is innocent, so it's right for the ex-husband to take responsibility,' and 'The law seems unable to keep up with reality,' expressing agreement on the need for systemic improvements.