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A legal research on the responsibility of surrogate mother in custody of child in the laws of Iran
Abbas Yadollahi Baghlooei , Seyyed Mohammad Asadinejad,
Volume 6, Issue 4 (10-2013)
Abstract
Surrogacy is an infertility treatment in which the sperm and egg of couples are mixed in vitro and then transferred to the womb of other woman to grow until the end of pregnancy, and this woman is called the surrogate mother. According to article 1168 of the Iranian civil law, children conceived through surrogacy must remain in custody of their parents like other children, and it is the right and responsibility of the parents to maintain their children. Now what will happen if the surrogate mother refuses to release the baby to his/her parents? Based on the various provisions of the civil law, criminal law and the civil liability act, on the one hand, the surrogate mother is obligated to deliver the baby to the couple, and on the other hand, she will be held liable for any damage or injury to the child should she choose to take custody of the child.
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.


Contradiction between Mother's Right and the Right to Life of the Fetus in the View of Legal Systems
Mohaddeseh Moeinifar,
Volume 12, Issue 0 (3-2019)
Abstract
In general, there are four types of policies in the world in relation to the issue of abortion, based on five basic approaches such as social, feminist, liberal, population-based, and religious-based. Each of these approaches provides a solution to the conflict between mother's rights and the right to life of the fetus, so based on the first three perspectives, abortion is permissible and based on the fourth view, it can be permissible or not and finally according to the religious view (Islam and Christianity) the abortion is forbidden. In the present paper, we tried to answer the main question by using the descriptive-analytical method, why in some of these approaches the right of the mother is preeminent, but in others, the right to life of the fetus proceeds? It seems that the way of Islamic legal system seems to be more logical, because in Western countries the rights of parents are always prioritized in the conflict between the rights of children and their parents. However, in the legal system of Islam, in addition to the moral orders, there are some principles that are anticipated to prevent the conflict of the rights of these two groups and the unequivocal predominance of one on another.
 

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