2012 Fiscal Year Final Research Report
Legal Standards for Determining Maternity
| Project/Area Number |
22730080
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| Research Category |
Grant-in-Aid for Young Scientists (B)
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| Allocation Type | Single-year Grants |
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| Research Field |
Civil law
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| Research Institution | Ochanomizu University (2012)
Osaka University (2010-2011) |
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Principal Investigator |
DE ALCANTARA Marcelo お茶の水女子大学, 大学院・人間文化創成科学研究科, 准教授 (20565676)
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| Project Period (FY) |
2010 – 2012
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| Keywords | 民法 / 親子法 / 母子関係 / 自然生殖 / 分娩主義 |
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| Research Abstract |
The rule that the birth mother is the legal mother, which was established in the context of natural reproduction, may be interpreted as implying that the genetic mother is also the legal mother. However, this rule is inadequate to deal with cases of assisted reproduction because it can lead to inconsistencies, as the woman who provides the egg need no longer to be the same woman who carries and gives birth to the child. This study shows that there is still room for the application, at the same time, of both birth-mother and genetic-mother rules to cases involving assisted reproduction in order to avoid such inconsistencies.
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Research Products
(4 results)
