جستجوی مقالات مرتبط با کلیدواژه "parentage" در نشریات گروه "فقه و حقوق"

Transference of gamete after the death of couples that has actually come to realization thanks to technological advances and assisted-reproduction techniques is one of the recent developments in the field of medicine. In this technique, physicians use the gamete of the deceased person to fertilize the surviving person. Drawing on ijtihadic reasoning, leading Imamite and Sunnite jurists have argued that the legitimacy or illegitimacy of this act depends on the continuity of matrimony after death and have actually used this argument as a basis to determine if the afore-mentioned act is legally permissible or not. Regardless of the legitimacy or permissibility of the afore-mentioned act, determination of the lineage of the child resulting from Post-mortem insemination which actually has a significant effect on the child’s financial and non-financial rights such as inheritance, alimony, and custody, guardianship and privity (mahramiyyat), is of vital importance. Thus, in the present study attempts are made to explore the religious decrees issued in this regard from the perspective of Islamic schools of thought. Using library studies and adopting an analytical-descriptive approach, the researcher has finally concluded that insomuch as the permissibility or legitimacy of the aforesaid practice has no effect on the in-law relationships and given that this relationship is incipient in nature, a child born as result of Post-mortem insemination should be religiously subjected to relationship by blood and enjoy all the rights thereof.

As society is constantly changing, meaning and conception or the functions of social institutions also has been changed and infertility and reproductive ways has been changed and has taken a new shape simultaneously scientific and technologic advances in different areas. The main purpose of discussion around “womb rental agreement” in this study was to consider one of the important effects of this agreement, i.e. “determining parentage of the children born by this way”. Surrogate agreement in pregnant is an agreement that is agreed between surrogate mother and infertile couples and according it the surrogate mother commit against infertile couple that the embryos from the sperm and egg in her womb reared and deliver the embryos after birth. One of the most important subjects and questions is that the child born from surrogate womb contract is attributed to which mother? Different perspectives are considered in Iran and Turkey in this regard. It seems that in spite of legislators’ silence and lack of legislations in two countries, we can conclude that Iran legal attribute the child to genetic mother (the owner of oocyte) and Turkey legal attribute the so called child to biologic mother (The holder mother).

Nowadays,one of the new methods for treatment of infertility from legal and medical perspectives is surrogacy, which has been considered more than forms of assistive reproductive. This method makes fertility possible for women who don’t have a normal pregnancy for whatever reason and give this chance to them to do it by surrogacy. One of the issues raised in this regard is parentage and the main question is who the child’s parents are? Intended parents or surrogate? According to Iranian law, the child belongs to owners of sperm and eggs. In the U.S. there are, however, different laws from one state to another. Some states consider the issue only on the basis of benefit and best interests of child. However, others believe that the child belongs to surrogate, and some other countries propose a solution by obtaining a pre-birth parentage order, which regards the child as belongs to intended parents

Parentage is a biological and genetic topic to which much attention has been paid in jurisprudence and law due to its numerous legal effects. Advances in genetics and its relation to the field of law and the courts in the last three decades and the use of DNA and blood analysis, make the study of the jurisprudential and legal credibility of this problem necessary. The present article seeks to answer the question whether the jurisprudential and legal credibility of blood tests and genetic evidence is valid enough to resolve cases related to rejection of parentage. Some jurist believe that these types of tests are more valid than evidence of the marriage bed and proof of the contrary to evidence is possible via the above mentioned tests; however, the answer to the research question of this paper is that although there has been some success in the area of genetic testing in connection to the relation of parental relationship but; in cases where all the conditions of the marriage bed have been proved, these tests can not deal with this circumstantial evidence and proving the contrary of the circumstantial evidence of the marriage bed in this manner is not possible unless one of the conditions of the circumstantial evidence is missing. In that case, the use of the above mentioned test can be useful-as judicial evidence.

Due to achievements in genetics and the possibility of the establishment and natural development of the fetus outside the uterus jurists and lawyers, while giving opinions concerning the permission and respect of this practice discuss issues such as parentage, inheritance, intimacy, marriage and other issues relating these children. This article aims at examining the issue of intimacy and the marriage of laboratory children (created through artificial insemination) with respect to its juridical and legal aspects. There are two types of artificial insemination homogeneous and heterogeneous. In the first type the couple’s gametes are used and in the second type a foreign factor is involved. In both types, the sperm donor is the real father. As for the mother, some jurists consider birth to be the criterion for parentage, some consider the ovum and the third group include both factors. Upon reviewing various opinions the authors have come to the conclusion that the owners of sperm and ovum are the true parents of the child and the surrogate mother's womb is considered to be that of the foster mother’s. As a result, it can be said that the children of artificial inseminations are intimate (by way of a blood relationship) with these people and their spouses, so marriage between them is prohibited.

There are some cases in which spouses cannot give birth naturally and conception occurs by insemination of father’s sperm and mother’s egg in laboratory. If the insemination is done after the father’s death, the question is whether the baby, who has been born by inseminating, has the legitimate lineage and inherits from the dead father or not. This article shows that the legislator has accepted, in some provisions such as Article 875 of the Iranian Civil Code, condition subsequent to fetus inheriting, and has considered criteria for identifying the parentage creating a human from mother’s egg and father’s sperm. It is believed that if the fetus is born alive, he will inherit from his father. Thus, as far as law is concerned, the fetus will inherit from his dead father.

In all legal systems, a child born out of wedlock, is regarded as illegal and illegitimate and is deprived of some rights that the legitimate child enjoys. Taking into consideration that the new method of fertility most of which involve a third party, are unlawful preliminary act. Therefor the legitimacy of the children as a consequence of these methods is under discussion. The present paper analyses the possibility of children born out of wed lock to enjoy legal right of living with her/his parents in Iranian Law based on ‎the jurisprudencial resources and in addition to studying Iranian ‎Laws, a comparative study of Egyptian and British laws is carried on. ‎The study of Iranian law shows that legislator is remained silent and There are different opinion among Shiite jurists in response to this substantial issue, ‘based on the opinions of some Imamiya jurists’, the child ‎is deprived of legitimate parentage and that the ruling is that the child born (from this method) is sentenced as a child born out of adultery. Despite the emphasis of Imamiya jurists on ‘not committing unlawful preliminary acts in terms of applying new reproductive methods’, ‎the child who is born as a result of the above mentioned methods, ‎even assuming that her/his has been created by using an illegitimate technique, is directed to ‎his/her parents. In British and Egyptian law, the non-observance of legal conditions also causes the child to be regarded as illegal and illegitimate.