Constitutional Court says frozen embryos are not 'human beings' with legal rights

By Park Sae-jin Posted : May 27, 2010, 16:41 Updated : May 27, 2010, 16:41
The Constitutional Court upheld a law Thursday that allows the use of embryos left over from fertility treatments for research purposes or destruction after certain period of time, disqualifying embryos as "human beings" under the law.

A group of petitioners, including a couple whose embryos were made for in vitro fertilization, had filed a suit with the court in 2005, arguing that using or disposing of extra frozen embryos created for fertility treatments violates their right to life.

In a unanimously reached conclusion, the court said it does not acknowledge embryos as "human life with legal rights" before being implanted into a woman's womb.

"An embryo can be only defined as an independent human with potential for growth after it is implanted into a mother's womb, considering the current level of technology," the court said.

The court also said it is hard to see that there is "social agreement" that a leftover embryo constitutes a human life.

Under current laws, fertility clinics are required to throw out extra frozen embryos five years after in vitro fertilization. Killing an embryo after implantation is illegal in South Korea.//Yonhap


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