Legal nature of surrogacy contracts

Infertility is a family problem in all around the world. One solution for this problem is the use of surrogacy. Today, due to advances in medical sciences, various methods have been developed by doctors in reproduction and using these methods; have attempted to reproduce in laboratory. But despite these advances, reproductive medicine is not enabling to find suitable environment for the growth of the fetus from the uterus and that's why using the surrogacy is one of the major achievements in the field of assisted reproductive technology. This method is an assisted reproductive technology of using IVF. Using this method is not restricted to women without a uterus and is used in many cases.Confusion about the nature of the surrogacy contract is one of the obstacles to the implementation of this contract. As a result, identify the nature of this contract is of utmost importance. There is no legal text about the nature of this contract. Therefore, to determine the nature of this contract shall be referred to the general principles of law and legal and jurisprudence resources. It seems that the nature of surrogacy contract does not fit in special type of contracts, such as hire, lending, ji’ala or contract of reward and, etc. Hence, according to article 10 of the Iranian civil code (known as the principle of contract freedom) can be accepted. But, all aspects of surrogacy contracts cannot be determined by agreement of all parties and some of the forces are applied. Most significantly is the relationship of the contract that is an involuntary case.