جستجوی مقالات مرتبط با کلیدواژه « artificial insemination » در نشریات گروه « پزشکی »

Advances in medical knowledge in modern reproductive methods have caused different transformations to appear in the process of human reproduction. In parallel with the ability to use these methods in experimental sciences, other new complex problems have also been created in the fields of humanities, including jurisprudence and law, which require experts to address them and provide appropriate solutions. One of these cases is artificial insemination for fertility and generation; that there is a difference of opinion among jurists regarding its sanctity or permissibility; Because each of them has its own proofs, so it is necessary to examine these proofs. Due to the fact that the examination of both views (for and against) does not fit in one article; Therefore, the researcher only examines the arguments of those who believe in sanctity according to the verses and traditions and with descriptive-analytical method. Those who believe in sanctity refer to verses such as (Momonun/5-7) and (Noor/30-31) as well as hadiths that the opponents of this group also counter with proofs and proofs to prove their claim.

One of the new methods of reproduction is artificial insemination, in which, by assisted reproductive methods in medical science, a woman's oocyte is fertilized using male sperm, and as a result of the fusion of sperm and oocyte, an embryo is formed. In this method, a woman gets pregnant with medical devices without intercourse. This research aims to examine the jurisprudential and legal foundations of artificial insemination and its consequences, both financial and non-financial effects, in the form of two general methods. In the first method, the baby's sperm from the combination of husband and wife's sperm is legal, and the resulting baby is a legitimate child according to the majority of scholars and jurists, and all the legal consequences of natural children are borne by him, regardless of whether the bay is grown in the wife's womb or in the another woman's womb or in an artificial device. In the second method, the baby is born from the sperm of an alien male and female oocyte, which according to most scholars and jurists, although this act is forbidden, but according to the popular opinion, the effects of descent are imposed on the baby because such an act does not fall under the title of adultery. Also, in this research, the topic of renting a uterus, donating oocyte, and donating embryos has been investigated from the point of view of tasks and situational effects, which is a library method, and the topics have been explored based on the descriptive-argumentative method.

Today, the tremendous progress in reproductive technologies in recent years has revealed a window of hope for infertile couples, because the desire to have a child is a universal desire and becoming a parent is one of the most important stages of a person's life. One of the new medical phenomena used in the treatment of infertility is the use of a surrogate uterus. The contract of using a woman's womb is a contract by which a woman agrees to carry the embryo resulting from the egg and sperm of a couple and deliver it to them after giving birth. Studies show that choosing a familiar surrogate, such as relatives, friends or close ones, provides the context to reduce or eliminate the problems caused by the operation of surrogacy. In this contract, the parties form the marriage, on the one hand, the infertile husband and wife, and on the other hand, the mother who accepts the fetus, ((surrogate mother)). According to the principle of relativity of contracts, the effects of the surrogate mother contract should be limited to the contractors themselves (husband and wife of the applicant and surrogate mother). The condition of contractual liability is that there is a valid contract between the victim and the cause of the loss and the loss is due to breach of contractual obligations. Today, the opinions of contemporary Imamiyya jurists are different about the validity of this contract, and some jurists consider the use of another woman's womb as permissible for reproduction, while others consider this action to be haram and the contract invalid. The views of Iranian lawyers are also different in this matter, some lawyers consider this contract to be valid and valid, while others consider it invalid due to the conflict with public order. For the validity of the womb contract, it is an alternative to refer to Article 10 of the Civil Code (principle of the sovereignty of the will of the parties and freedom of contracts) and the general rules of the contract are not sufficient in terms of correctness. Because all the effects of the contract cannot be determined based on the will of the parties, and some of them are coercive effects, and the most important effect is kinship and descent resulting from the contract. It seems that possible complications and consequences can be prevented by passing laws and forming special committees to investigate cases of infertility treatment with surrogacy.

Today, infertility treatment through artificial insemination is one of the common methods in infertility treatment centers. One of the important issues in this method is the legitimacy of the paternity of the embryo obtained from gamete fertilization.

This article aims to investigate the issue of paternity of a baby resulting from artificial insemination in a jurisprudential way by referring to the verses and narrations in a library style and using jurisprudential sources.

The findings of the research show that because it has been scientifically proven that the origin of the development of the fetus from the father's side is the sperm in the human sperm; And custom and vocabulary also considers the criterion to be the customary attribution of the father to the owner of the sperm, so in expressing that fact, the title of "paternal lineage" is recognized and abstracted.

Based on the assumption of marital relationship, contrary to the view of the late Ayatollah Hakim, Abbot's sharia lineage in medical fertility is fixed as the first of the child's sharia rights after birth. This attribution is not only not forbidden by Sharia, but the appearance of some narrations also indicates its authenticity. Therefore, it is not possible to negate birth in this case either; Unless the husband can provide reassuring evidence in the court that the sperm was not his, otherwise, in the case of doubt, taking into account the circumstances, the rule of Farash will apply.

Infertility is one of the phenomena that has been raised as a major problem for some families. However, medical science has taken measures to solve this problem, which is necessary for the legitimacy of these practices, considering the public following the Islamic rules. The jurists have expressed various opinions in this regard, but in the meantime, what has not been discussed is the position and influence of the purposes of the Sharichr('39')a and the verses expressing the purposes in the legitimacy of medical fertility. Accordingly, the main question of the research is "What effect do the purposes of Sharia have on the legitimacy of medical fertility?" The purpose of this study is to analyze the position of Sharia intentions in the legitimacy of medical fertility.

This research has been carried out by the method of library studies and in a descriptive-analytical manner, which has been obtained and analyzed by referring to Quranic, narrative and scientific texts.

The results show that verses such as "I created you to fast Yath I Zvaja Nfskm Ltsknva Lyha Vjl Bynkm love mercy ..." (I: 21) and other evidence suggest great religious purposes, itchr('39')s important to say that Preservation of the family unit and cohesion and love between couples have been the main purposes of marriage legislation in the view of the holy sharichr('39')a, so actions and behaviors such as medical fertility that are in line with this purpose of the law have legitimacy.

Based on what we have brought so far, a child born through artificial insemination is pure in all the above cases, and its owners are the first two, namely the sperm and the first, his parents, and he has all the rights and It is the duties that every other child has, whether one of the two owners of those first components or both are known and definite or unknown and indefinite.

Infertility in the world today is no longer an inescapable problem, and doctors have been able to solve the problem of infertile treatment in a coherent way. The birth of children by artificial insemination is in the following ways: 1) Insemination by husband’s sperm with egg inside the uterus or out of it for fertilization, and 2) Inoculation by another sperm (stranger-donor) inside or outside the uterus. In the case of the guardianship of such a child, in the first place, the Islamic scholars (Faghi) do not have a particular problem with such insinuation, and share the same belief that both the natural parents have the guardianship of the child.
The main issue is when donor sperm-other than the husband’s sperm- is used. Most jurists consider such an insemination and the born child as unlawful; it is only considered as related to man and woman when they are ignorant to inoculation.
In the legal context the guardianship in light of the sperm fertilization with the wife, whether inside the uterus or outside belongs to both of them. In case of fertilization with donor sperm apart from the husband’s, in the case of ignorance to the child, the guardianship belongs to both of them. However in case of knowledge, and from the jurisprudence point of view the born child is considered as suspicious and adultery case.
However, it seems that in light of the legal developments in the modern world, the child can be joined to the parents with respect to the international conventions in the domestic law of the countries. But in our domestic law and according to the jurisprudential principles, the guardianship belongs to the genuine father and the mother of the child. And only under certain conditions other individuals can be given the right to meet or have the guardianship of these children. The present research has been done in a descriptive-analytical method.