Abstract 摘要

In recent years, thanks to the promotion of the status of women and the celebrity effect, the issue of the frozen eggs of single women has become a focus of public opinion, leading to discussion of the reproductive rights of single women in the legal arena. However, single women's frozen eggs are also an ethical issue. The laws and regulations not only involve ethics, but also ethical considerations in the clinical practice of frozen eggs. In today's society, in which the marriage rate and fertility rate continue to decline, many single women choose to freeze their eggs to distinguish between reproductive activities and marriage. It is worth thinking about the fact that Confucian East Asia has the strictest restrictions and most conservative policy on the use of assisted reproduction. This paper explores how Confucian ethics have a different position on single women’s frozen eggs by analyzing how Confucianism views fertility behaviors that are separated from marriage. It argues that although it is certain that a single woman has the right to give birth in the legal dimension, ethically, the procreative behavior of marriage should be taken with caution, as it violates the Confucian ethic of the family order by making parental care more difficult.

近年來得益於女性地位的提升與名人效應,單身女性凍卵問題日趨成為社會輿論關注的焦點,由此也引發了法學界對單身女性生育權的討論。然而,單身女性凍卵不僅僅是一個法律議題,更是一個倫理問題。不僅法律和法規的制定和修訂中多有涉及對倫理的關照,凍卵的臨床實踐中也廣泛存在對倫理的考量。在結婚率和生育率持續走低當下社會,相當一部分單身 女性選擇凍卵的動機是希望脱離婚姻而進行自主的生育行 為。值得深思的是,東亞的儒教國家對輔助生殖的使用限制最為嚴格、政策最為保守。本文試圖通過分析儒家會如何看待脱離婚姻的生育行為,來探討儒學倫理對單身女性凍卵抱有怎麽樣的態度、能夠帶來怎麽的啟示。本文認為,儘管在法律維度上應該肯定單身女性擁有生育權,但在倫理層面上,脱離婚姻的生育行為應該極為審慎,因為其有違儒家倫理中對家庭秩序的看重,同時也讓“雙親撫育”難以得到實現。