Uterus surrogacy: a jurisprudence and law perspective

Marzieh Maraqeh

Abstract


One of the modern methods used in infertility treatment is the use of another woman’s womb which is called uterus surrogacy or rental uterus and this can be performed in return for money or it can be done solely for the altruistic reasons. The objective of the current study is the survey of uterus surrogacy from Iran’s jurisprudence and law perspectives. The study methodology is of the content-analysis type and the subject is analyzed through the study of the jurisprudence and law books. The findings of the present study signify that some conditions should be considered in surrogacy womb contracts which are: surrogate mother promise implying not to claim kinship relation with the child, the existence of conditions such as quitting smoking cigars and narcotics, quitting drinking alcoholic drinks, not consuming some types of foods and even not having sexual intercourse with her husband during the pregnancy period. Such contacts alike any other contract or arrangement is followed by consequences and effects that have to be clearly determined, some of which are: the subject of determining the parentage, intimacy, tutelage, fostering relationship, heritage, and so on and the subjects related to uterus surrogacy contracts and even its legality and validity is the subject of discrepancies and disagreements among the jurisprudents and jurists and the existence of such disagreements and on the other hand the absence of clear and eloquent contexts and codified legal rules regarding the uterus surrogacy subject matter necessitates the evaluation of the subject’s  various aspects by the Islamic scientists and thinkers and expert jurists and all of these should be followed by the legislators’ intervention for the related rules and regulations to be enacted and vividly justified

Keywords


reproduction ancillary methods, uterus surrogacy, fostering, parentage.

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