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Inconsistency between law and contemporary Islamic scholars’ opinion about the identity and rights of the laboratory child
Fateme Faramarzi Razini, Seyyed Mahdi Salehi, Seyyed Mahdi Ghoreishi, Amir Hamzeh Salarzaee, Nazafarin Ghasemzadeh,
Volume 9, Issue 4 (10-2016)
Abstract

Reproduction and fertility are considered a substantial need for the survival of the human race and has seen its ups and downs. Advances in Assisted Reproductive Technology (ARTs) have brought some changes as well as challenge in human reproduction. For instance, involvement of a third-party in pregnancy has become a challenging practice. Given the rapid application of ARTs in Iran, obscure aspects and consequences associated with this technology need to be elaborated. The present study aimed at investigating the identity and rights of children resulting from ARTs based on the existing laws and the opinions of the contemporary Shi’ite Grand Ayatollahs. First, by reviewing the sources of Islamic law as well as searching the legal and reliable electronic resources -using key terms such as parentage, guardianship, embryo donation and infertility- the existing laws and regulations about ARTs have been analyzed. Then, by a qualitative method, written opinions of some contemporary Shi’ite Grand Ayatollahs regarding the identity and the rights of a child born by involvement of a third party were collected. The result shows inconsistency between the opinion of the contemporary Islamic jurists and the existing law about embryo donation. Islamic Jurists believe that the child of embryo donation does not belong to the recipient couple. However, according to the Embryo Donation Act, in particular with regard to the duties placed upon infertile couples, who receive the donated embryo, implicitly accept the recipient couple as the parents of the child. This eventually leaves the child with an identity crisis besides deprivation of citizenship rights in some cases. Accordingly, as the current rules and legislations of Iran conflicts with views of the Islamic jurists, to resolve this problem, a revision to accept the recipients as legal parents of the child is necessary.


“As Infertile” Couples and Iranian Legal System: A Theoretical and Comparative Study
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.

Moral Evaluation of Fetal Reduction
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.

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