South Korean Court Allows Gender Identification for Fetuses at Any Stage of Pregnancy
South Korean Court Allows Gender Identification for Fetuses In a recent ruling, the South Korean Constitutional Court has declared a provision in the country's Medical Law unconstitutional, allowing pregnant women to determine the sex of their fetus at any stage of pregnancy. The provision in question, Article 20, Clause 2, prohibited medical professionals from informing pregnant women or their families about the fetus's sex before the 32nd week of pregnancy.
29 February 2024
The court's decision takes immediate effect. The decision came after a group of South Korean citizens filed a constitutional complaint, arguing that the current law infringed on their right to know crucial information about their pregnancy and made reproductive decisions more difficult. The court ruled that the law's ban on revealing the fetus's sex violated citizens' rights to make informed decisions about pregnancy.
Some South Koreans believe that the new ruling will give families autonomy, while others worry that the change may exacerbate the country's existing gender imbalance. South Korea has one of the lowest birth rates globally, with the total fertility rate at 0.72 in 2023, down from 2022's 0.80.
Additionally, a preference for sons in South Korea has resulted in a significant male-to-female imbalance, with 111.1 males for every 100 females born in 2022, according to data from Statistics Korea. Weibo users expressed a range of opinions about the South Korean court's decision.
Some praised the ruling for empowering families with information about their pregnancies. "Even if some fetuses may be abandoned after gender identification, that's still better than being forced to accept an unwanted life," wrote one Weibo user. Others saw the decision as a potential revenue source for South Korea, given the significant demand for sex-selective abortions among neighboring countries with more restrictive abortion laws. The ruling has also fueled discussions on social media about son preference and its impact on gender imbalances. Some users lamented the ongoing issue of gender preference, particularly in countries with a history of favoring male children.
"It's time to address this issue head-on, rather than sweeping it under the rug," said one Weibo user. In related news, South Korea's birth rate continues to decline, with 22.997 million births in 2023, a 7.7% decrease from the previous year. This decline reflects a broader trend across the region, as many East Asian countries grapple with low fertility rates and an aging population. Despite the concerns raised by some Weibo users, the South Korean Constitutional Court's decision to allow gender identification for fetuses at any stage of pregnancy represents a major milestone in reproductive rights for citizens.
However, the ruling has also raised questions about the potential consequences of making this information more widely available. In the end, it remains to be seen how this decision will impact South Korea's birth rate and gender imbalances. As one Weibo user put it, "I hope this change will encourage people to rethink their priorities and make informed decisions about their families' futures."