The study of legal challenges of gamete and embryo donation in Iranian comprehensive health system

Nateghi, M. H.; Golestan, F.
January 2014
Journal of Jahrom University of Medical Sciences;1/15/2014, Vol. 11, p94
Academic Journal
Introduction:Gamete and embryo donation is a method for treatments of couples who are not able in producing healthy embryos. Beside permission or prohibition, this method has legal effects and consequences which contemporary fuqaha disagree with. Gamete and embryo donation, and also their conditions and consequences are significant issues which have been considered in the laws by legislators and assets of laws have been passed for them in advanced countries. Laws in Iran encounter challenges and need to be amended. The contemporary Foqaha disagree with legitimation of this issue. The act considering how to donate embryo to infertile couples was approved by the Iranian parliament on July 20, 2003 and caused changes in this field. Although the already mentioned law is a major step in comparison with the law of the modern countries especially France's law, it is very incomplete and is silent in most of the disputable cases. There aren't any procedures in this law and regulations especially in the case of gamete and embryo donation. Materials and Methods:The present study is review study and is collected by seeking in valid scientific resources. Results:In case of embryo donation, the act passed in 2003 contains regulations about the condition of applicants and donors in addition to conditions and formalities of donation and embryo transfer; however, it is imperfect. For instance, in France's law the reproduction or pregnancy for another which is the typical surrogacy is clearly prohibited while there isn't any text about this subject in Iran. Iranian law remains silent about the gamete donation by third person for reproduction and it needs to be amended and the contemporary fuqaha disagree with legitimating of this issue. France's law in case of child's relation arising from embryo transfer gives the right to the recipient family and they have considered effects of legal relation for them. However, Iran's law only discusses the obligations of recipient of embryo (with regard to keeping, maintenance, alimony and respect) and they consider them as the obligation of parents. Therefore, Iranian laws do not accept full integration of embryo recipients and inheritance among them. They remain silent about custody and prohibition of marriage (privacy). However, Iranian laws in comparison to French laws have numerous shortcomings and failure and it needs juridical and legal reformation to solve these problems. Conclusion:Iranian laws are inadequate and incomplete considering gamete and embryo donation and need to be amended. Furthermore, contemporary fuqaha have different opinions for legitimating this subject, Therefore it is necessary to adhere to religious beliefs and cultural interests of society by taking measures in this area.


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