Mohammad Rasekh, Mojgan Khorshidi, Faezeh Amiri,
Volume 5, Issue 3 (6-2012)
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, . 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, 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.
