en
1726-7536
1735-8507
69
2139
288
gregorian
2015
6
23
16
3
online
1
fulltext
en
26913231
Embryo Donation in Iranian Legal System: A Critical Review
<p>Recent developments and newly-discovered methods for infertility treatment including <em>in vitro</em> fertilization and third party reproduction raise many questions and challenges with different ethical, legal, sociological and psychological dimensions. In Islamic countries, despite great developments in using this technology, the questions concerned with recognition of IVF methods and third party reproduction and legalization of this method are still the challenging ones. The approach of a few Shiite clerics to this issue has facilitated the legalisation of infertility treatment in Iran. The Iranian Parliament, with reference to Shiite clerics’ opinions (Fatwa), enacted the Act concerning Embryo Donation to Infertile Couples and its bylaw which can be considered as a successful example of legalization of third party reproduction in an Islamic country. The aforementioned Act permits embryo donation through artificial insemination from legally married couples to infertile couples. However, many of the legal aspects of this event are not specified in this Act and in many cases it added several uncertainties. This uncertainty, especially regarding the rights and duties of recipients and the child, causes important problems which generate more concerns. This article aimed to review the advantages and flaws of the Act. It is believed that the enactment of the aforementioned Act is an important step but an insufficient measure in this field. Important issues have been left unanswered and unclear in this Act which should be considered by legislators in any future revision of it.</p>
Embryo donation, Infertility treatment, Islamic law, legislation, Third party reproduction
130
138
https://www.jri.ir/article/622
https://www.jri.ir/documents/fullpaper/en/622.pdf
ZohrehBehjati ArdakaniReproductive Biotechnology Research Center, Avicenna Research Institute, ACECR, Tehran, Iran20
Mohammad TaghiKaroubiDepartment of law, Science and Culture University, Tehran, Iran877
Ali RezaMilanifarReproductive Biotechnology Research Center, Avicenna Research Institute, ACECR, Tehran, Iran23
RoudabehMasrouriReproductive Biotechnology Research Center, Avicenna Research Institute, ACECR, Tehran, Iran1470
Mohammad MehdiAkhondiReproductive Biotechnology Research Center, Avicenna Research Institute, ACECR, Tehran, Iranمحمدمهدیآخوندیakhondi@avicenna.ac.ir21