Conditions for the validity of the lease in "uterine lease"

In present era, one of the new and important issues in the field of medical issues is the treatment of infertility in couples and having baby by artificial fertilizationmethods. One of the new methods in this field is surrogacy, so that the applicant rents another woman's uterus to spend the period of carrying her fetus so that the fetus is born from her.

This descriptive-analytical study seeks a well-reasoned juridical answer for the validity of surrogacy contracts. So by usingthe library resources, it examines the subject of research in jurisprudential booksandalso adaptes the conditions for surrogacy validity such as determining the benefit of the leased action, the existence of the intended benefit and the permission to receive the rent and ... with surrogacy and finaly its selected defining and declaratory lawisexpressed.

This article examines the argumentative and jurisprudentialissues related to this issue and jurists’ views and it concludes that there is a connection between reproduction and marital relationship in Islam. Therefore, it is not possible to using uterus of another woman to have children, and renting a uterus for this purpose will be void. The surrogacy contracts and receiving wage will be valid and permissible only in the cases of artificial fertilizationpermission, such as the use of the uterus of a second spouse or temporary spouse