Journal of Medical Council of Iran
مجله علمی پژوهشی سازمان نظام پزشکی
Volume 42, Issue 4 (2025)
jmciri 2025, 42(4): 11-17 |
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Ashrafi Esfahani S, Mahbobi M. Investigation of Gamete and Embryo Donation in the Iranian Jurisprudential System. jmciri 2025; 42 (4) :11-17
URL: http://jmciri.ir/article-1-3228-en.html
URL: http://jmciri.ir/article-1-3228-en.html
Legal Medicine Research Center, Tehran, Iran
Abstract: (37 Views)
Abstract
Background: Gamete and embryo donation is one of the important issues that have been considered by the legislature in developed countries and regulations have been enacted on them. The aim of this study was to investigate the legal challenges of gamete and embryo donation in the Iranian legal system with emphasis on the law on how to donate embryos to infertile couples adopted in2003 and also to explain the lineage of a child born from artificial insemination. The method of data collection of this article is documentary-library and the type of qualitative research is descriptive-analytical and the research community is a collection of jurisprudential and legal books and rules and regulations regarding gamete and embryo donation.
The main questions that will be addressed in this research work are: How are the conditions of applicants and embryo donors explained in the law on how to transfer embryos to infertile couples? What are the views of Imami jurists on the legitimacy or illegitimacy of artificial insemination? And finally, in determining the lineage of a child born from artificial insemination, what criteria are valid and to whom will the child be attributed?
Through studies and researches, it is obtained that in the general consensus of jurists and jurists, artificial insemination between husband’s sperm and wife’s egg as well as ectopic insemination is permissible.
However, regarding the artificial insemination of the wife with the egg of a foreign woman, some jurists consider it permissible and others, such as Ayatollah Fazel Lankarani, consider it forbidden.
Finally, the realization of lineage in the case of in utero and ectopic fertilization, as well as the paternal and maternal lineage of the child resulting from embryo donation will be examined in detail.
Another point worth noting is that one of the important defects of the law on how to transfer embryos to infertile couples is the silence about the possibility or sanctity of the child’s marriage with the donor couple. Although public morality does not accept such a marriage, however, from the provisions of the above law, no evidence can be deduced about the existence of sanctity.
Background: Gamete and embryo donation is one of the important issues that have been considered by the legislature in developed countries and regulations have been enacted on them. The aim of this study was to investigate the legal challenges of gamete and embryo donation in the Iranian legal system with emphasis on the law on how to donate embryos to infertile couples adopted in2003 and also to explain the lineage of a child born from artificial insemination. The method of data collection of this article is documentary-library and the type of qualitative research is descriptive-analytical and the research community is a collection of jurisprudential and legal books and rules and regulations regarding gamete and embryo donation.
The main questions that will be addressed in this research work are: How are the conditions of applicants and embryo donors explained in the law on how to transfer embryos to infertile couples? What are the views of Imami jurists on the legitimacy or illegitimacy of artificial insemination? And finally, in determining the lineage of a child born from artificial insemination, what criteria are valid and to whom will the child be attributed?
Through studies and researches, it is obtained that in the general consensus of jurists and jurists, artificial insemination between husband’s sperm and wife’s egg as well as ectopic insemination is permissible.
However, regarding the artificial insemination of the wife with the egg of a foreign woman, some jurists consider it permissible and others, such as Ayatollah Fazel Lankarani, consider it forbidden.
Finally, the realization of lineage in the case of in utero and ectopic fertilization, as well as the paternal and maternal lineage of the child resulting from embryo donation will be examined in detail.
Another point worth noting is that one of the important defects of the law on how to transfer embryos to infertile couples is the silence about the possibility or sanctity of the child’s marriage with the donor couple. Although public morality does not accept such a marriage, however, from the provisions of the above law, no evidence can be deduced about the existence of sanctity.
Keywords: Laboratory embryo, Embryo donation, Artificial insemination, Child accession, Donated embryo lineage, Ng in this regard should be placed in the priorities of the relevant organizations
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