Showing 2 results for Artificial Insemination
, ,
Volume 37, Issue 3 (1-2020)
Abstract
Infertility in the world today is no longer an inescapable problem, and doctors have been able to solve the problem of infertile treatment in a coherent way. The birth of children by artificial insemination is in the following ways: 1) Insemination by husband’s sperm with egg inside the uterus or out of it for fertilization, and 2) Inoculation by another sperm (stranger-donor) inside or outside the uterus. In the case of the guardianship of such a child, in the first place, the Islamic scholars (Faghi) do not have a particular problem with such insinuation, and share the same belief that both the natural parents have the guardianship of the child.
The main issue is when donor sperm-other than the husband’s sperm- is used. Most jurists consider such an insemination and the born child as unlawful; it is only considered as related to man and woman when they are ignorant to inoculation.
In the legal context the guardianship in light of the sperm fertilization with the wife, whether inside the uterus or outside belongs to both of them. In case of fertilization with donor sperm apart from the husband’s, in the case of ignorance to the child, the guardianship belongs to both of them. However in case of knowledge, and from the jurisprudence point of view the born child is considered as suspicious and adultery case.
However, it seems that in light of the legal developments in the modern world, the child can be joined to the parents with respect to the international conventions in the domestic law of the countries. But in our domestic law and according to the jurisprudential principles, the guardianship belongs to the genuine father and the mother of the child. And only under certain conditions other individuals can be given the right to meet or have the guardianship of these children. The present research has been done in a descriptive-analytical method.
Dr Shayesteh Ashrafi Esfahani, Mrs Melika Mahbobi,
Volume 42, Issue 4 (1-2025)
Abstract
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.