Volume 7, Issue 2 (2022)                   2022, 7(2): 38-45 | Back to browse issues page

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Sotoudeh H, Ahmadkhanbeigi A. Determining the Paternal Lineage of the Fetus in Artificial Insemination. Quran and Medicine 2022; 7 (2) :38-45
URL: http://quranmed.com/article-1-629-en.html
1- Assistant Professor, Department of Islamic Studies, Iran University of Medical Sciences, Tehran, Iran & Center for the Development of Interdisciplinary Researches in Islamic Education and Health Sciences, Iran University of Medical Sciences, Tehran, Iran (Corresponding Author) , sotudeh.h@iums.ac.ir
2- Assistant Professor, Department of Islamic Studies, Iran University of Medical Sciences, Tehran, Iran.
Abstract:   (813 Views)
Purpose: Today, infertility treatment through artificial insemination is one of the common methods in infertility treatment centers. One of the important issues in this method is the legitimacy of the paternity of the embryo obtained from gamete fertilization.
Materials and methods: This article aims to investigate the issue of paternity of a baby resulting from artificial insemination in a jurisprudential way by referring to the verses and narrations in a library style and using jurisprudential sources.
Findings: The findings of the research show that because it has been scientifically proven that the origin of the development of the fetus from the father's side is the sperm in the human sperm; And custom and vocabulary also considers the criterion to be the customary attribution of the father to the owner of the sperm, so in expressing that fact, the title of "paternal lineage" is recognized and abstracted.
Conclusion: Based on the assumption of marital relationship, contrary to the view of the late Ayatollah Hakim, Abbot's sharia lineage in medical fertility is fixed as the first of the child's sharia rights after birth. This attribution is not only not forbidden by Sharia, but the appearance of some narrations also indicates its authenticity. Therefore, it is not possible to negate birth in this case either; Unless the husband can provide reassuring evidence in the court that the sperm was not his, otherwise, in the case of doubt, taking into account the circumstances, the rule of Farash will apply.
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Type of Study: Research | Subject: Special
Received: 2022/04/27 | Accepted: 2022/09/3 | Published: 2023/02/13

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