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Constitutional Court Rules Ban on Gender Reveal Before Week 32 Unconstitutional

Written: 2024-02-28 15:57:48Updated: 2024-02-28 16:49:18

Constitutional Court Rules Ban on Gender Reveal Before Week 32 Unconstitutional

Photo : KBS News

The Constitutional Court ruled that the current medical law, which prohibits medical professionals from revealing the gender of a fetus before week 32 of pregnancy, violates the Constitution.

On Wednesday, the Constitutional Court ruled six to three against Article 20, Section Two of the Medical Service Act, stating that restricting the disclosure of a fetus' gender is not appropriate as a means to achieve the legislative purpose of protecting the life of the fetus, calling it an infringement of the parents' right to know.

The law was previously a provision to prevent the abortion of female fetuses based on the past ideology of preferring boys. However, with the country facing a low birth rate and losing its preference for sons over daughters, arguments have been raised that revealing the gender of a fetus should be allowed earlier to comply with parents' right to know.

In 2008, the Constitutional Court ruled that the medical law provision banning gender notification throughout pregnancy was inconsistent with the Constitution.

However, the following year, a replacement bill was passed, allowing medical professionals to disclose the gender to parents after 32 weeks of pregnancy.

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