Korean J Obstet Gynecol.  2009 Nov;52(11):1085-1092.

Medicolegal understandings on the protection of maternity

  • 1Legal Committee, Korean Society of Obstetrics and Gynecology, Korea.


Maternity has the concept of woman who can be a mother having the reproductive function. It is not only an important factor for making the family, but also socially an important duty for producing the members of nation. The protection for maternity means the woman as a mother with reproduction and also means widely and comprehensively protecting for the psychological function as well as the physiological function including the pregnancy and procreation. The methods for maternity protection are various on the social, economic, and cultural factors by the individual nations. Recently the concept of the reproductive health in maternity protection is introduced and it is expanded to the whole woman's life from the period related with the pregnancy. The maternity in women is socially very important and needs for the deliberate concern and the long term proper care. I reviewed the various medicolegal aspects for the maternity protection. And from it, I pointed out the direction for protection. In the level of the maternity protection, it must be firstly considered that the completeness of maternity is preserved. Maternity is the natural process completed by pregnancy and procreation. Maternity is gained from the continuing process of 'from the mother' and 'in the mother', and two factors are essential and inseparable for preserving the completeness of maternity which is a basic premise forming the human beings. The protection of maternity is the right of the person who will be born, and it is also a duty of the social members. The related legal system needs to be prepared by the systemic process for the special protection of the right. It is important to focus at the preservation of the maternal completeness for the maternity protection and the maternal health with women's reproductive health. In the future, it is necessary to make the field of the discussion and the communication with the related person in the various studies.


Maternity; Protection of maternity; Maternal completeness; The mother and child health law

MeSH Terms

Child Health
Maternal Health
Reproductive Health
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