The Nature Of Surrogacy Contract

The use of adjuvant therapies for overcoming infertility has increased as the result of prominent scientific advances in medical sphere. A new method to treating infertility is surrogacy. It's necessary, when the couple has all factors that affect fertility, but due to the lack of a healthy uterus, they are deprived of having children. But this new-emerging phenomenon, like other scientific achievements, has broad religious and legal dimensions which will be required attention and clarification. Confusion in the nature of the surrogacy, are some of challenges that always have attracted thinkers. Hence, by adapting the nature of this contract to certain contracts that have a similar structure, it was clear that surrogacy contract is formed by a set of obligations, so that all the obligations cannot be raised from a contract. This contract should be included in indefinite contracts and Article 10 of the Civil Code by utilizing principles of sovereignty of the will and freedom of contracts.