جستجوی مقالات مرتبط با کلیدواژه « surrogacy » در نشریات گروه « فقه و حقوق »

People have an inherent inclination to procreate and ensure the continuity of their lineage. However, some young couples face the challenge of infertility, disrupting their lives and potentially leading to separation. In contemporary times, one solution to infertility is the practice of surrogacy. Within the Islamic context, scholars and jurists hold varying opinions on the permissibility of surrogacy. While some reference specific Quranic verses and hadiths to argue its impermissibility, categorizing it as haram (forbidden), others explore the jurisprudential legitimacy of fertility through modern medical methods. This research delves into the central question concerning the fiqhi (jurisprudential) legitimacy of utilizing new medical approaches for fertility. It draws on Quranic verses and hadiths, employing the method of jurisprudential inference based on religious texts and ijtihad. The study also deploys jurisprudential principles such as "compulsion" (iḍṭirār), presumption of permissibility (aṣl al-ibāḥa), hardship and extreme difficulty (al-ʿusr wa-l-ḥaraj), and presumption of guiltlessness (asl al-biraʾa). The aim is to demonstrate, based on religious and legal grounds, that surrogacy can be deemed legitimate, as long as it adheres to sharia laws in its preliminary stages.

Undoubtedly Infertility is a social and family problem, and even may be considered as one of the causes of divorce. But, resort to immoral pregnancy ways for solving this problem, especially, from economical and commercial standpoints such as buying and selling of ovum, sperm and embryo and fertilizing to another account (surrogacy), not only is a more complicated social problem but also has many destructive consequences for many people, especially for children will be born ,identity and human dignity will be undermined. Domestic law and international organizations do not have a same view of the matter explained in this article. In our law, These pregnancy ways has been mentioned above, except for the items listed in the Act of embryo donation, are illegal so any contract due to conflict with public orders and morality must be voided and unauthorized.

Surrogacy as a new way for fertility, in most cases is accompanied by contracting between infertile couples, surrogate mother, and the institution. Since having children is optional and the infertile couple can’t have children without assistive reproductive techniques aid including surrogacy, this question will arise as to whether each of parties can change his decision and avoid child birth or embryo creation during the embryo establishment till his birthday as they offer the zygote to the institute. The study of terminating this contract in rescission or termination format shows that rescission or termination by each of parties after 16th week that the embryo acquires spirit is not permitted at all. Also, terminating the contract between the first and 16th week is permissible only when in this time period we do not know the embryo as a human person.

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

Surrogacy is when another woman carries and gives birth to a baby for the couple who want to have a child. Surrogacy is a modern method of assisted reproductive technology in Iran that has given rise to a lot ofcomplex issues of law. One of the most important questions revolves around the jurisprudential and legal nature of the surrogacy agreement as to whether or not surrogate motherhood is permissible in Islamic jurisprudence in general and in Shiis in particular. This research focuses and elaborates on three types of insemination in surrogacy and concludes in closing that from among the three types of insemination, only two of them (the first and second) are consistent with Shiite Islamic jurisprudence whereas the third one is void and impermissible.

Using surrogacy as one of the new ways of supporting fertility in a way that the owner of the womb (surrogate mother) does not have any creational relationship (through ovum) with the child، merely raising the fetus of another couple and giving birth to it، has attracted the attention of many infertile couples in Iran. Whether the mother is one or the other of these two according to customs، law and jurisprudence has been a matter of discussion and argument among proponents of either idea. However this article has proved that in case of using surrogacy-in spite of surrogate mother’s physical relationship with the child in terms of pregnancy and child birth-، raising the child and his birth through surrogate mother can not justify a subjective legal consideration. Whether the unity of criterion in spreading hurma through breastfeeding is enough to extend the ruling of foster relationship to the object under question is a controversial topic. Although the ruling of absence of relationship is not acceptable morally and naturally، it is plausible through the methodology of principles of jurisprudence

There is a rule for every act in the holy religion of Islam. The issue of surrogacy and affiliation of the surrogate child is among the issues rules of which should be determined. The present article merely touches the conventional rules of the surrogate child in relation to succession and maintenance. One of the questions here is whether the surrogate child shares the estate after the demise of its father along with other heirs. The issue of the inheritance of the frozen embryo is also among the issues worthy of study due to its relation with the succession of surrogate children. Another issue worthy of discussion is whether the embryo in the womb of the surrogate mother is entitled to maintenance. The present article is an attempt to provide good responses to the above questions and other relevant ones based on jurisprudential and legal foundations as well as juridical views of Muslim Jurisprudents and legal doctrines.