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| TITLE | Supreme Court Decision 2022Meu15371 Decided April 24, 2025 【Confirmation of the Existence of Biological Paternal Relationship】 [full Text] |
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| Summary | |
| 【Main Issues and Holdings】 [1] Effect of surrogacy agreements, under which the surrogate mother delivers the child conceived 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 seeking a declaration of the existence of a biological parent-child relationship considerably violates the welfare of the child, whether such a lawsuit constitutes an 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 | |
