The Study of Lineage and Privacy of the Child Resulting from Gamete and Embryo Donation in Islamic Jurisprudence and Iranian Law
Volume 3, Issue 5, October 2014, Pages: 144-152
Received: Aug. 5, 2014;
Accepted: Sep. 9, 2014;
Published: Sep. 20, 2014
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Mohammad Moradi, Department of Private Law, Islamic Azad University, Sirjan Branch, Iran
Ehsan Heydari Motlagh, Department of Private Law, Islamic Azad University, Sirjan Branch, Iran
The embryo donation has been studied by many scientists and practitioners after the approval of the act of the embryo donation to infertile couples in 1382. The main question posed here is concerned with the lineage and intimacy status of this donation for the child and also “to whom does the child belong”? To answer this question this result was obtained that in Iranian law, the complete assignment of the child to the applicant couple has not been accepted. Iranian law is also silent on lineage field. But from jurisprudents point of view and regarding verses and traditions, the child’s original parents are the owners of ovule and sperm and also about the lineage of the owner of uterus, she is the child’s “consented” mother. If the child is a girl as she is served as the father’s stepdaughter, he would be confident to the child. The objective of this study was to clarify the child lineage induced by embryo donation with donors and receivers in Iranian law. To write this thesis, a library method has been used. At the end of the writing some recommendations have been proposed that are useful to solve some of the present and future problems.
Ehsan Heydari Motlagh,
The Study of Lineage and Privacy of the Child Resulting from Gamete and Embryo Donation in Islamic Jurisprudence and Iranian Law, Social Sciences.
Vol. 3, No. 5,
2014, pp. 144-152.
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