The Study of Lineage and Privacy of the Child Resulting from Gamete and Embryo Donation in Islamic Jurisprudence and Iranian Law
Volume 3, Issue 5, October 2014, Pages: 144-152
Received: Aug. 5, 2014;
Accepted: Sep. 9, 2014;
Published: Sep. 20, 2014
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Mohammad Moradi, Department of Private Law, Islamic Azad University, Sirjan Branch, Iran
Ehsan Heydari Motlagh, Department of Private Law, Islamic Azad University, Sirjan Branch, Iran
The embryo donation has been studied by many scientists and practitioners after the approval of the act of the embryo donation to infertile couples in 1382. The main question posed here is concerned with the lineage and intimacy status of this donation for the child and also “to whom does the child belong”? To answer this question this result was obtained that in Iranian law, the complete assignment of the child to the applicant couple has not been accepted. Iranian law is also silent on lineage field. But from jurisprudents point of view and regarding verses and traditions, the child’s original parents are the owners of ovule and sperm and also about the lineage of the owner of uterus, she is the child’s “consented” mother. If the child is a girl as she is served as the father’s stepdaughter, he would be confident to the child. The objective of this study was to clarify the child lineage induced by embryo donation with donors and receivers in Iranian law. To write this thesis, a library method has been used. At the end of the writing some recommendations have been proposed that are useful to solve some of the present and future problems.
Ehsan Heydari Motlagh,
The Study of Lineage and Privacy of the Child Resulting from Gamete and Embryo Donation in Islamic Jurisprudence and Iranian Law, Social Sciences.
Vol. 3, No. 5,
2014, pp. 144-152.
Babai AA. 2003. Sample interpretation selection. Tehran: Islamic bookstore.
Borojerdi SMI. 1987. Jami Tafsir, Tehran: Sadr Publications.
Gharashi SAA. 1998. Ahsan al Hadis tafsir. Tehran: Besat Institute.
Gheraati M. 2004. Nor tafsir. Tehran: The cultural center of lessons of Koran.
Ghasemzadeh, M. 2007. Main conditions of curing un productivity using gamete and chrysalis. PAYESH, 6 (4). 419-437.
Hor-Ameli MH. 2000.Vasayel al Shiite , 15th edition. Tehran: Maktab al Islamic.
Vasayel al Shiite (17theditions), Dar al Ahya altras alarabi. Beirut, al tras and al Ahya Al-beit institute , p.1424.
Husseini-Hamedani SMH. 1983. Bright lights. Tehran: Lotfi Publications.
Khamene’ie SA.2002. Practical laws of Islam. Tehran: Alhoda international publication.
Khani R , Heshmat-Allah R .1993. Bayan al Sadat fi Maghamat Akebadat Translation. Tehran: PNU PUB LICATION.
Khaledmansoor, M. 2008. Islamic jurisprudence. Majma Fegh, 2 (2), 317-321.
Khooie, SAG. 2000. Shiite issues, transactions referendum. Tehran: Institute to recover Imam Khomeini’s works.
Khooi- Tabrizi MH. 1996. Path of deliverance in referendum answers, polls collection,1st edition, Tehran.
Mohagheghdamad, M. 1998. Jurisprudence and law of embryo transfer. Tehran: Jahade Daneshgahi Publications.
Motarjeman. 1997. Hedayat tafsir. Mashhad: Razavi Ghods Research Center.
Makarem-Shirazi N. 2008. New polls. Tehran: Besat Institute
Merghati, ST. 2007. Children’s right in gamete donation. PAYESH, 6(4), 347-354.
Meshkati, Sh. 2008. Donation of gamete and embryo in Iranian law. Unpublished master’s thesis. Tehran, Iran.
Moosavi Ardabili ,1996. seed Abdol Karim , Tozih al Masael treaties.
Nazari A. 2010. The jurisprudential study of the child lineage results from artificial inoculation. Journal of Jurisprudence and History of Civilization, 23 (2).
Sane’ie Y. 2007. The collection of polls issues, second edition. Qom: Meysam Tamar .
Tabatabai SMH. 1996. The balance in the interpretation of Koran. Beirut: Scientific Publication.