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Comes from advancement of life science enable sterile couple to success artificial insemination. In addition today so many sterile couple want to have a baby by a surrogate mother. Until currently from 1997, sheep · mouse · cow · pig · monkey are cloned. Therefore a prospect of human cloning have begun to bud. Perhaps the confusion in the civil law which follows consequently in advancement of life science is the natural thing. Consequently there is a necessity which from as when will decide the start of human life that is very important but is greatly difficult. When should the embryonic cells be considered a human being? Is the embryo bud of fertilized egg condition the human being? The award criterion of the constitutional court right? In conclusion, I do not think so. When establishing a civil law, we do not forecast the development of life science. We will tries to observe the law matter where the occurrence is forecast namely, a person who by pregnancy after death · a person who by surrogate mother · a person who by human cloning etc in the center and We will present the legislation which accords the civil law and of existing.