Can implanting an embryo without consent lead to legal consequences? This question has come to the forefront after Lee Si Young recently disclosed details about her second pregnancy.
During an appearance on MBC’s Live This Morning on Wednesday, attorneys Lee Na Kyung and Kim Joo Pyo discussed the legal implications of Lee Si Young’s decision to implant a frozen embryo without her ex-husband’s consent.
Lee Si Young explained, “As my divorce talks progressed and legal matters were being settled, the five-year storage period for our frozen embryo was coming to an end. Facing the prospect of having it discarded, I made the personal decision to proceed with the implantation without my ex-husband’s consent.”
Kim Joo Pyo remarked, “It’s problematic to exclude one parent’s rights in such a process,” referring to Lee Si Young’s choice to use the embryo without her ex-husband’s approval. When asked if an embryo could be implanted without the consent of the other party, one fertility clinic representative clarified, “When embryos are created and frozen, both partners must give consent. This is a bioethical issue, and a consent form must be signed by both parties stating that they agree to use the embryo for pregnancy.”
Amid questions about whether Lee Si Young obtained her ex-husband’s consent for the procedure, Lee Na Kyung stated, “Legally, she may not face direct consequences. However, there could be grounds for a damages claim. While it’s not ideal from an ethical standpoint, as parents, both parties are expected to take responsibility for their actions. Still, I don’t think this situation would be seen as a legal violation or a basis for financial compensation.”
Kim Joo Pyo further stated, “If consent is required for sperm or egg donation, it should also be mandatory during the implantation process.” He added that in cases of child support and inheritance, “If both parents recognize the child as theirs, they share the responsibility of raising the child.” Lee Na Kyung agreed, highlighting that inheritance rights would also apply in this case.
Since news of Lee Si Young’s second pregnancy broke, the story has sparked widespread debate among online communities. Overwhelmed by the attention, Lee Si Young quietly deleted her pregnancy announcement post just two days after sharing it, leading to further speculation.
