The born Children from modern fertility from a jurisprudence and legal point of view ( Article: Uterine replacement contracts )


a Samira Mozaffari Laqa ,b Mahmoud Aghajani, Investigating the legitimacy and implementation of alternative uterine contracts (uterine leasing) in new methods of reproduction from the perspective of Imamieh jurisprudence and Iranian law ''2nd International Conference on Sciences & Engineering , Paris University, France , (August 2020)

a M.A in Family Law, Department of Islamic Law and Education, Kerman Branch, Islamic Azad University, Kerman, Iran

b Ph.D. in Jurisprudence and Islamic Law, Assistant Professor of Islamic Jurisprudence and Foundations, Kerman Branch, Islamic Azad University, Kerman, Iran

 

Site address and place of publication of the article: http://parisconf.com/en

The focus of the Conference: Humanities, Law

Article Axis: Investigating the legitimacy the uterine replacement contracts of Children Born of Modern Fertility, Law

 

Investigating the legitimacy and implementation of alternative uterine contracts (uterineleasing) in new methods of reproduction from the perspective of Imamieh jurisprudence and Iranian law

Abstract

One of the most important human achievements in the field of medicine is the treatment of infertility in couples using modern methods of reproduction. This great scientific progress, in addition to meeting the couple's need for childbearing, also raises various questions in the jurisprudential and legal fields about these children in the minds of users. One of the questions that arises in this regard is who is responsible for paying alimony to children who are born using new fertility? Couples using this type of fertility or donors? The aim of this study was to investigate the views of Imamieh jurisprudence and Iranian law on the situation of child alimony resulting from new fertility. And In it we examine who is required to pay alimony for this type of child and what punishment is imposed on them if they refuse to pay alimony. The research method is descriptive-analytical and the collection of information is library and from available resources.

Keywords: Uterine lease contract, Imamieh Jurisprudence, Iranian Law

 

Conclusion

By studying the new fertility using religious principles and quoting the lawyers and Imamieh jurisprudes, we have reached this conclusion about the legitimacy and ambiguities of these methods and the agreements that have been concluded in this field. whenever insemination is the result of combining a man's sperm with a woman's ovum, if there is a marital relationship between them and there are no forbidden preconditions, then the jurists agree that the method is legitimate correct and fatwa allows the use of the issue them. Because its realization strengthens and stabilizes the family and the natural needs of the couple are also answered in this way. Due to the legality of fertility and insemination, contracts that are concluded for the treatment of infertility of couples, if the intention of the parties and the subject of the contract is the realization of the same, as a result of the contract is valid and permissible. Also, in using another woman's uterus for the development of the fetus, what is considered necessary and stated except for the conditions of validity of the contract, is that if the surrogate mother or the woman who has the uterus has a husband, the husband must have given permission to transfer the fetus to his wife. In fact, the infertile patient and the doctor determine the quality of treatment and their rights and obligations by concluding the mentioned contracts. And the contract is valid when both parties, knowing the subject of the contract, which must be legitimate and in accordance with public order and good morals, intend to conclude a contract for the treatment of infertility using gametes and fetuses, otherwise the contract is void and for the doctor The perpetrator creates civil and criminal liability. Legally, in 2003, the legislature approved the law on how to donate embryos to infertile couples and states the conditions of the couple. In 2004, some of these issues have been addressed in the implementation regulations of the law mentioned in Article One. According to this law, all specialized infertility treatment centers are allowed to deliver the fetus from in vitro fertilization to legal and religious couples in accordance with the terms and conditions of this law after the written consent of the fetal couple to the womb of women who after marriage and undergo infertility medical procedures (each Acting alone or both). 

How To Cite The Article:

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Inside the text, wherever a phrase or achievement of this article is mentioned, after mentioning the content, the following specifications are written in parentheses.

For the first time: Mozaffari Laqa, Samira and Mahmoud Aghajani,(2020)

 (2020)For the second time onwards: Mozaffari Laqa and Aghajani,

 

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    https://isn.ac/XCAZ-EGAHH  https://www.civilica.com/Paper-GERMANCONF03-GERMANCONF03_347.html   https://en.symposia.ir/GERMANCONF03 

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