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.

Having children is one of the most important duties that God has planned for spouses. A man and a woman start living together with the aim of having a child; however, in some situations, couples may not be able to have children through natural insemination, and in recent years, by using the scientific methods of artificial insemination, they have been granted the possibility of having children through artificial and laboratory methods. One of the most important effects of It is an inheritance that happens to all people. All people during their lifetime may inherit or transfer their property to their survivors after death. Different countries conside different bases for inheritance, such as biological or legal descent. In new pregnancies, since various challenges have arisen regarding the lineage. Inheritance also faces various problems. Who inherits in this type of insemination? What is the position of sperm owners in inheritance? How can parents inherit or transfer their inheritance? These are important issues that should be discussed in this article. Therefore, the current research investigates the inheritance caused by artificial pregnancies.

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.

The contract of alternate womb, like any other contract, follows from a general body of principles, and also has specific rules that are appropriate to their function and subject. This paper examines the possibility of dissolution of this contract, which is principally possible in other contracts, and includes two aspects of the termination of the contract, including termination (dissolution based on the will of one of the two parties to the contract) and excuses (dissolution based on the will of the two parties to the contract). Also, this article seeks to prove that the specific rules of this agreement, contrary to other contracts, do not permit the dissolution of this agreement. In order to prove this proposition, the legal status of the contract and the nature of it should be investigated. Also, the relationship between the nature of the contract and the principle of necessity will be determined and ultimately check that the necessity and authorization of the contract are related to public order. Due to the lack of legal regulations and the weakness of the jurisprudential works in the affairs of the new issues, it is necessary to take full advantage of the legal principles and rules of jurisprudence.

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).

The contract of surrogate mother is a contract in which a woman accepts to carry an embryo made of sperm and ovule of intended couple in her womb and delivers child after the birth. This new contract has posed a lot of questions, as far as jurists and lawyers are concerned. One of the most important issues in this regard is the determination of the legal nature of the surrogate contract, since the issue of the legal framework of the contract adaptable with the common will of the parties has a significant impact on the determination of the legal relationship between the parties. Jurists and lawyers suggest and examine some legal structures, such as lease, award, loan, deposit and innominate contracts, as proper structures for this contract. This article discusses conclusion of the surrogate mother contract through the above-mentioned legal structures. It argues that the legal nature of this contract cannot be based on nominate contracts, and therefore, it can be justified on the basis of article 10 of the Iranian Civil Code.

The cause of discrepancies regarding enjoyment or deprivation of illegitimate child from rights within family concerns the issue of relation because there are discrepancies among the jurists regarding the relation of illegitimate child and these different views are the origin of discrepancies among the jurists regarding deprivation or enjoyment of rights within family, about which there has been two tenets among the Shi’ite jurists. The first tenet, which is advocated by earlier jurists and some contemporary ones, repudiates the relation of illegitimate child to the parents and consequently reject the application of all the rights concerning this relation except those rights which are proved for caution purposes or a specific cause, like the marriage between the parents. The second tenet that believes in the relation of illegitimate child to the parents is the tenet of contemporary jurists, which approves all the rulings for this relation, which are concerned to this relationship except the right which is denied for a specific reason like heritage between those two. In the present study, with regard to a series of proofs, we have proved the first tenet, which is the reference of civil code article 1167.

Parental responsibilities in upbringing children have led to their legal liabilities, and according to Article 7 of the Civil Liability Law enacted in 1960, parents are held responsible for any harm caused to children due to their negligence in the care and supervision. This responsibility encompasses both their actions and omissions. From a legal perspective, inadequate upbringing of a child is considered as negligence and imposes liability on parents. According to Article 295 of the Islamic Penal Code, if someone fails to perform an act that they are obligated to do or abandons a specific duty that they are responsible for, and as a result, a crime is committed, they can be held accountable for intentional, quasi-intentional, or pure negligence. On the other hand, by waiving privacy in the physical realm, all regulations that apply to negligence and abandonment of parental duties in the physical space are also applicable to the virtual space. Regarding the enforcement of these laws, except for the deprivation of custody rights in cases of abandonment, there is no specific provision for parental negligence, despite the existence of guardianship responsibilities and obligations, both in the continuity of life and in separation. The omission of legal measures for parental negligence, including the omission of actions in the virtual space such as abandoning a child, has not been adequately addressed. This article, relying on the principles of Imamite jurisprudence and the legal system of Iran, aims to prove parental legal responsibility for the harms caused by virtual spaces in the upbringing of children and emphasizes the necessity of public education.

One of the main factors affecting criminal culpability is mens rea and one important element of mens rea is knowledge of law. But this important factor is not exhaustively analyzed in the literature. Three kinds of ignorance of law have been analyzed in this article; one of them is direct mistake of law and two others are indirect mistake of law (or mistake of different law). Indirect mistake of law can be divided into two kinds: First, ignorance of different non-criminal law. In this kind of ignorance, perpetrator is not aware of a civil, tax, custom, marital or other kinds of non-criminal law. This kind of ignorance is an excusing factor. Second, ignorance of different criminal law. This kind of ignorance is not an excuse but can act as a mitigating factor. There is a third type of ignorance, which is exclusive to Iranian criminal law, which is about a canon law. None of these three kinds of ignorance have clear regulations in Islamic Penal Code and Legislature needs to enact related laws.