Review and explanation of the financial rights of children born via Surrogacy

Zahra Hosseiny, Sayed Morteza Naeemi

Abstract


With the development of medicine, using assisted reproductive techniques for overcoming infertility problem of infertile couples is increasing. One of these modern assisted reproduction methods is surrogacy through which surrogate mother (womb owner) carries the fetus of infertile couple in her womb and it is required to give the child, after childbirth, to the owners of sperm and ovum. The child that is born in this way has certain rights like any other child. These rights include financial and non-financial rights; in this paper the researchers tried to study financial rights of these children including inheritance, will, alimony, devotion and the civil liability suing right of doctor. The results showed that children who are born through surrogacy inherit from sperm and ovum owners, because these children have relative relations with sperm and ovum owners. Therefore their alimony in the first place is upon sperm owner and after that the father of sperm owner and after that it is upon ovum owner, also alimony of these children at the time of fetus which is developing in the womb of surrogate mother is upon sperm owner. At the time of sperm coagulation these children have the right of fruition; therefore devotion and will are correct for these children during gestation and after that. 


Keywords


surrogacy, surrogate mother, intended parents, fetus, financial rights

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