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[wylies99]

Ban on Telling Fetus Sex Unconstitutional
http://www.koreatimes.co.kr/www/news/nation/2008/07/117_28574.html

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nine-member court said the law completely banning doctors from notifying parents of the gender of their unborn baby was out-of-date and ``violated pregnant women's right to know, while restricting the freedom of doctors and nurses.''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.

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[Troll_Bait]

Even with the ban, there's already a gender imbalance amongst children.

[sistersarah]

I can understand the ban, but doctors should be able to tell parents the sex after 28 weeks, which is usually when abortions are impossible anyway.

[SHANE02]

They do tell. It's just a law.

[Cheonmunka]

Our doctor said, "If you look you'll see something sticking out."

[Bigfeet]

Waste of time trying to legislate this. Let them abort girls if they want to. Less girls will make the remaining ones more valuable. Let supply and demand work.

[Julius]

[Milwaukiedave]

I have mixed feelings about the law. It does seem like Koreans are worrying less about the sex of the child and more about other things.

That being said, I've heard stories like Cheonmunka's where the doctor uses codewords that you'd pretty much have to be dumb not to take the hint.

My wife's parents had three daughters, which I find strange. Only one of the three has children (her older sister) and her only child is a girl. Then again, my wife's family is pretty liberal.

[Cracker006]

Doctors typically mention things...

Blue or Red
Chili Peppers or Charcoal
something "sticking out"... nothing sticking out

A western friend had the doctor just tell her she was having a girl.

[cheeseface]

Abortion is illegal in Korea but it does happen daily.....

[Hanson]

My wife and I told a doctor we didn't want to know the gender of our child, that we wanted it to be a surprise, but he told us to buy pink clothes anyway. Prikc.

[rebel_1812]

[wylies99]