Embryo donation and its consequences from the perspective of law and jurisprudence

Najafabadi Alian, A.
January 2014
Journal of Jahrom University of Medical Sciences;1/15/2014, Vol. 11, p79
Academic Journal
Introduction:Embryo donation and its consequences have attracted a lot of attention in the last few years. Today, the use of modern methods of infertility treatment in cases that the husband, wife, or both have infertility problems are carried out in infertility treatment centers. Of these methods, lease of uterus and embryo donation could be pointed to which is legal and allowed under the act ʽhow to donate embryo to infertile couples' passed in 2003. In this method, sperm and ovum from legal couples will be donated to another legal couple after insemination in laboratory condition. This is a method which has made various jurisprudential and legal issues such as contract between two parties, lineage and its consequences. What is followed by embryo donation is necessarily artificial insemination of germ cells in which the woman is fertilized by artificial equipments without any intercourse. What is accepted by the legislator in this regard is insemination of sperm and ovum of legal couple. In the first stage of issuing permit, the discussion of embryo donation is introduced to see whether it is permissible in Iran or not. Then, assuming permissibility, legal lineage consequences are discussed. Materials and Method: this is a descriptive and analytical study. Results: the main obtained results are as the following: There are three views regarding embryo donation:1)Absolute reverence,2)Absolute permission,3)Segregation in which most contemporary Fuqaha considered embryo donation permissible.An important issue in this regard is the lineage of the newborn child by this method in which we should refer to the article 167 of the Islamic republic of Iran constitution to obtain the hukm from jurisprudent resources due to silence of law. In this line, determination of the maternal lineage accompanied by the interference of two women-the ovum owner and the surrogate mother-has encountered a lot of challenges and needs more investigation. However, theoretically speaking, it is said hat the lineage of the child of the embryo donation is referred to the owners of the sperm and ovum, and the uterus owner has no blood relation to the child. Conclusion: the purpose of this study was to demonstrate that considering Quran verses and traditions, the principle of determination, intention and interest of the people, the surrogate mother is considered the real mother and the child belongs to her. His father is the sperm owner; otherwise, the relationship between the child and the husband and the surrogate mother, if she is a girl, is considered as rabibe (daughter of the husband).


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