جستجوی مقالات مرتبط با کلیدواژه "والدین حکمی" در نشریات گروه "پزشکی"

Reproduction and fertility are considered a substantial need for the survival of the human race and has seen its ups and downs. Advances in Assisted Reproductive Technology (ARTs) have brought some changes as well as challenge in human reproduction. For instance, involvement of a third-party in pregnancy has become a challenging practice. Given the rapid application of ARTs in Iran, obscure aspects and consequences associated with this technology need to be elaborated. The present study aimed at investigating the identity and rights of children resulting from ARTs based on the existing laws and the opinions of the contemporary Shi’ite Grand Ayatollahs. First, by reviewing the sources of Islamic law as well as searching the legal and reliable electronic resources -using key terms such as parentage, guardianship, embryo donation and infertility- the existing laws and regulations about ARTs have been analyzed. Then, by a qualitative method, written opinions of some contemporary Shi’ite Grand Ayatollahs regarding the identity and the rights of a child born by involvement of a third party were collected. The result shows inconsistency between the opinion of the contemporary Islamic jurists and the existing law about embryo donation. Islamic Jurists believe that the child of embryo donation does not belong to the recipient couple. However, according to the Embryo Donation Act, in particular with regard to the duties placed upon infertile couples, who receive the donated embryo, implicitly accept the recipient couple as the parents of the child. This eventually leaves the child with an identity crisis besides deprivation of citizenship rights in some cases. Accordingly, as the current rules and legislations of Iran conflicts with views of the Islamic jurists, to resolve this problem, a revision to accept the recipients as legal parents of the child is necessary.

In the light of remarkable advancement in medical science the use of medical treatment is increasingly using in order to overcome to the problem of infertility. One of the most popular of these medical treatments is the method of surrogacy. Surrogacy is an arrangement in which a woman carries and delivers a child for another couple. She may be the child''s genetic mother (the more traditional form of surrogacy) or she may carry the pregnancy to delivery after having an embryo with another female''s genetic transferred to her uterus. The intended parents may arrange a surrogate pregnancy because of female infertility or other medical issues which may make the pregnancy or delivery risky. The legal aspects surrounding surrogacy are very complex and mostly. The childes which were borne by the method of surrogacy have rights in the legal system. These rights involved financial rights such as allowance، heritance and non- financial rights such as training. The analysis of rights of childes which were born by surrogacy makes the legislature thin full about the legal aspects of surrogacy. The general aim of legislature should be the determination of legal status of these childes in order to prevent the future challenges which may produce through surrogacy. Since these childes like childes which were born by natural birth have civil rights. The analysis of their rights; from the date of pregnancy to the date of birth and even after birth is really necessary. This article concerns the rights of childes which were born by the method of surrogacy.