Volume 8, Issue 1 (2023)
2023, 8(1): 1-13 |
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Boronoonsy Z, Amirzadeh Jirkoli M, Saeidi M A. Examining the Genealogy of the Child and its Legal Implications in Fertility with a Donated Ovum in Imamiyyah Jurisprudence, Iranian Law and Quran. Quran and Medicine 2023; 8 (1) :1-13
URL: http://quranmed.com/article-1-738-en.html
URL: http://quranmed.com/article-1-738-en.html
1- PhD student, Department of Jurisprudence and Private Law, Torbat-Heidaryeh Branch, Islamic Azad University, Torbat-Heidaryeh, Iran.
2- Assistant Professor, Islamic Jurisprudence and Fundamentals of Islamic Law Education Department, Torbat-Heidaryeh Branch, Islamic Azad University, Torbat-Heidaryeh, Iran (corresponding author). , amirzadehj@yahoo.com
3- Assistant Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Torbat Haydaria Branch, Islamic Azad University, Torbat Haydaria, Iran.
2- Assistant Professor, Islamic Jurisprudence and Fundamentals of Islamic Law Education Department, Torbat-Heidaryeh Branch, Islamic Azad University, Torbat-Heidaryeh, Iran (corresponding author). , amirzadehj@yahoo.com
3- Assistant Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Torbat Haydaria Branch, Islamic Azad University, Torbat Haydaria, Iran.
Abstract: (398 Views)
Purpose: In some couples, the woman does not have a fertilized ovum and uses another person's ovum for fertilization and then places it in her uterus. The lineage of the child in this situation and its legal effects such as inheritance, custody, etc., have ambiguities. The purpose of this research is to investigate the lineage in ovum donation in Iranian jurisprudence and law.
Materials and methods: In order to achieve this goal, by using the qualitative research method and by examining and analyzing legal texts, verses, narrations, as well as the opinions of Muslim jurists, related concepts and components were extracted.
Findings: The results show that with the use of ovum donation, among the people involved in this relationship, the real mother of the born baby is the ovum donor, and the person who carried the ovum in her womb is not the real mother of the baby.
Conclusion: The results at hand show that the lineage of the children resulting from these fertility methods is attached to the owners of the sperm and ovum. On the other hand, considering that the custody of the child is with the mother until the age of seven, questions are raised in this context that the owner of the womb is the mother of the child who must take care of him and breastfeed him.
Materials and methods: In order to achieve this goal, by using the qualitative research method and by examining and analyzing legal texts, verses, narrations, as well as the opinions of Muslim jurists, related concepts and components were extracted.
Findings: The results show that with the use of ovum donation, among the people involved in this relationship, the real mother of the born baby is the ovum donor, and the person who carried the ovum in her womb is not the real mother of the baby.
Conclusion: The results at hand show that the lineage of the children resulting from these fertility methods is attached to the owners of the sperm and ovum. On the other hand, considering that the custody of the child is with the mother until the age of seven, questions are raised in this context that the owner of the womb is the mother of the child who must take care of him and breastfeed him.
Type of Study: Research |
Subject:
Special
Received: 2023/03/5 | Accepted: 2023/06/6 | Published: 2023/09/2
Received: 2023/03/5 | Accepted: 2023/06/6 | Published: 2023/09/2
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