By Park Si-soo
Staff Reporter
The Constitutional Court ruled Thursday that the law banning doctors from revealing the gender of fetuses was unconstitutional, but added that it will remain in effect till Dec. 31, 2009 when new legislation is enacted.
The nine-member court said the law completely banning doctors from notifying parents of the gender of their unborn baby was out-of-date and ``violated pregnant women's right to know, while restricting the freedom of doctors and nurses.''
``The age-old preference for boys has lessened these days and the skewed gender ratio due to rampant sex-selection abortion has dropped to an acceptable level,'' the court said.
With a number of gender-based abortions increasing, the government enacted the law in 1987. The law stipulates doctors hinting at the sex of an unborn fetus could face up to three years in term or a 10 million won ($10,000) in fine. In addition, the government could cancel the doctor's license. According to the Ministry of Health, Welfare and Family Affairs, two doctors have been convicted of this charge since 2004.
The ruling was made after two citizens filed a petition with the Constitutional Court in 2004 and 2005, respectively. Lawyer Jung Jae-woong filed the first in 2004 after doctors refused to tell him the sex of his and his wife's unborn baby. A doctor who runs a hospital in Seoul filed the same petition in 2005 after receiving a six-month-long suspension for revealing the ``secret.''
The court held a public hearing on the sensitive yet very Korean issue in April.
Lawyers supporting the petitioners said ``In 1987 when the law took effect, selective abortion was widespread, but this is not the case now.''
However, the health ministry said that ``selective abortions still take place. If the law is struck down, the number of selective abortions will definitely increase.''
Currently, Korea, India and China completely prohibit doctors from revealing the sex of fetuses.
pss@koreatimes.co.kr
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