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【Main Issues and Holdings】
[1] Effect of surrogacy agreements, under which the surrogate transfers the child conceived and given birth through assisted reproductive technology to another person (invalid), and whether agreements under which a surrogate mother relinquishes all parental rights to the intended parents are also invalid (affirmative)
In a case where there is a blood relation between the mother who has given birth and the child, whether the surrogate mother who gave birth to the child is still the mother of the child even if the birth of the child was the result of the surrogacy arrangement (affirmative)
[2] In a case where there are special circumstances where restoring a genuine family status relationship through a lawsuit for confirmation of the existence of a biological parent-child relationship considerably violates the welfare of the child, whether such a lawsuit for confirmation of the existence of a biological parent-child relationship constitutes abuse of process on an exceptional basis (affirmative), and standards for determining whether a certain circumstance is considerably detrimental to the welfare of the child
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