Showing 7 results for Rasekh
Mohammad Rasekh, Mojgan Khorshidi, Faezeh Amiri,
Volume 5, Issue 3 (19 2012)
Abstract
Posthumous reproduction has recently emerged in line with the development of assisted reproduction technology (ART) methods. In this method, individuals take steps to freeze their gametes or embryos for posthumous insemination or reproduction. However, diverse moral and legal questions ensue, and it is important to preserve human dignity and protect the child's rights and interests. In this regard, from an ethical point of view, we discuss supporting and opposing arguments on autonomy, consent, and the child’s interests. We reason that any measure to be taken on the gamete after death has to be based on the autonomy of the deceased and his/her explicit or implicit consent as to the posthumous use of the gamete. On the legal aspects, we discuss proprietary rights over gametes, filiation of the child, and his/her inheritance. In our opinion, non-financial authority over one’s organs, tissues and cells, as well as parenthood and conditional inheritance are plausible answers in these regards. Evidently, the legal system cannot address these issues without taking into account the ART developments and contemporary expediencies. This in turn depends on taking a modern stance relying on justifiable moral and legal principles. Moreover, it will help identify shortcomings of the legal system in this regard.
Mohammad Rasekh, Amirhossein Khodaparast,
Volume 7, Issue 2 (7-2014)
Abstract
Reproduction is one of the basic abilities of human beings. This is often realized in a natural way, though in certain cases new methods and technologies provide infertile couples with the opportunity to realize their wish to have children. In recent years, the term “right to reproduction” has emerged, and sometimes emphasis is placed on the obligation of governments to satisfy this right. However, it seems that the ambiguity of the aforementioned term may create serious problems in our understanding of the subject matter and, in consequence, affect the manner in which it is handled in the society. In this paper, in addition to discussing the concept of rights, it is argued that the right to reproduction may be embodied both by a claim right and a liberty right, even though the latter is only a justifiable and acceptable way of representing the right to reproduction. Therefore, this right entails the freedom to bear children and to pursue provision of the requirements, including utilizing ART. As in the case of other human rights, this should be in balance and proportion with public interests, in such a way that in particular circumstances, such as problematic population situations, it may be protected or prevented by the government.
Mohammad Rasekh, . Faezeh Ameri, Zohreh Behjati Ardekani,
Volume 9, Issue 2 (8-2016)
Abstract
The increasing use of infertility treatments has given rise to the issue of filiation of the children conceived through such methods and created serious theoretical challenges. In this regard, it seems necessary to scrutinise the concept of filiation and understand its nature. The main question here would be whether filiation is a biological and natural concept, or a legal and normative one. The present study attempted to explain and criticize both the natural and normative outlooks, and it seems that strong arguments may be put forth in criticism of the former and in defence of the latter.
This study employed an explanatory/analytical method whereby the claims related to the issue were studied, explained, and analysed in a theoretical and philosophical manner. The results showed that with the recent developments in assisted reproductive technologies, the current outlook, which considers filiation to be a biological concept, might give rise to various theoretical as well as moral and legal problems that the biological theory cannot solve. It can be concluded that filiation, as it seems prima facie, is not a purely biological concept and may be established on normative and upbringing bases.
Mohammad Rasekh, Saeedreza Ghaffari, Alireza Milanifar, Farhad Yaghmaie, Faezeh Ameri, Shirin Boroomand,
Volume 11, Issue 0 (3-2018)
Abstract
Development of new methods of treatments for infertility has given rise to a serious question as to the access to such methods. Determination of the ones who can access the mentioned treatments and the limits of this access, depends to the definition of infertility. The Law of the method for Embryo Donation to Infertile Couples according to Iranian legislature considers the infertile couple who “cannot reproduce in accordance with credible medical certificate” as eligible to receive the donated embryo. However, applicants for modern infertility treatment methods have gone beyond infertile couples and include those couples who wish, based on credible medical evidence, to avoid having unhealthy children, especially by using donation methods or surrogacy. Accordingly, having supported a preventive approach to ARTs, a new concept of infertility will appear on the horizon. Expanding this concept to couples who are considered fertile from a common medical perspective but give birth to seriously unhealthy children shall inevitably lead us to revise the common legal concept of infertility. Therefore, by resorting to ethical reasoning, laws, and regulations of various legal systems and Fiqhi opinions we can develop another interpretation of Embryo Donation Law and argue for the access of the “perceived as infertile” couples to the infertility treatment with the help of third parties.
Mohammad Rasekh, Fatemeh Domanloo, Soheila Ansaripour,
Volume 11, Issue 0 (3-2018)
Abstract
Science considers using technologies for treatment of infertility as the important cause of multifetal pregnancies. Fetal reduction is a clinical procedure developed for reducing the number of fetuses in multifetal pregnancies in order to avoid their common complications. Three aims may be offered for fetal reduction: (1) pregnancy preservation, and prevention of and decreasing risks of multifetal pregnancy to the mother and the remaining fetuses (high-end multifetal reduction); (2) eliminating fetuses bearing certain kind of illnesses (selective reduction); and (3) just preventing multiple birth where no considerable risk threatens the mother or the fetuses (elective reduction). Moral evaluation on fetal reduction techniques varies depending on which of the mentioned aims is followed. However, in many cases this is “medical necessity” that morally justifies the reduction. Nevertheless, given the difficulty of reaching a decision on this issue, risks involved in fetal reduction procedure, and its psychological implications for the mother and the father, it is seriously recommended to avoid such an action by methods that prevent multifetal pregnancy.
Mohamad Rasekh, Shirin Boroomand,
Volume 13, Issue 0 (3-2020)
Abstract
Modern infertility treatment methods, along with favorable results, sometimes bring about unfavorable consequences. Multiple pregnancy is one of those consequences that puts the health of mother and life of fetus in danger. Fetal reduction, namely removing one or more fetuses with aim of preserving pregnancy and also certain preventive measures such as transfer of fewer fetuses into uterus of mother in each cycle of In Vitro Fertilizations (IVF), is one of solutions to tackle this unfavorable consequence. In a number of legal systems, along with a permission to conduct fetal reduction, precise provisions on the number of transferable fetuses are enacted. A comparative study of fetal reduction in countries in which there is an experience of legal encounter with this issue shall open a horizon for the legislator and policy makers in the field of health in Iran, where there is no consistent laws or regulations in this context, so that they adopt an appropriate approach to the problem. It seems that a fetal reduction permission, limiting regulations on the number of transferable fetuses, and proper insurance coverage embody an appropriate legal system in the context of fetal reduction.
Mohammad Rasekh, Faezeh Ameri,
Volume 15, Issue 1 (3-2022)
Abstract
Filiation is one of the important legal issues which has gone under developments during the history of legal system. Over the modern times, along with the emergence of new methods of reproduction particularly those with the help of a third party, legal regulation of filiation of children resulting from such methods has encountered with new challenges. To whom these children are to be filiated? According to one of the traditions, the mother filiation is based on gestation and the father’s one on gamete. The question, however, is that whether these two criteria can regulate the filiation of such children in a consistent and effective manner. A study of laws and regulations of various countries gives us a negative answer. Laws that merely rely on these two criteria for the determination of filiation of those children would give rise to vagueness, undecidedness and uncertainty in this regard. Therefore, the necessity of a new criterion, i.e. that of intention, has been put forth. In this paper, we intend to study efforts made by legislators and judges of different legal systems so as to reach an effective and consistent criterion in this area.
