Critical Analysis of Opponents Arguments in Legal Nature of Uterus Surrogacy Contract in Jurisprudence and Civil Law

Pregnancy using uterus surrogacy technique is the one where embryo belonging to an applicant couple is transferred to the uterus of a healthy fertile female and after the pregnancy; the baby is delivered to the original parents. Given that permission, there is a different argument among jurists and lawyers. However, some jurists have mentioned this permission under some certain conditions. If there is a correct and binding contractual relationship between the surrogate mother and fetus owners, the resulting contractual responsibilities relevant to the obligations breach and its compensation can lead to various legal issues. In uterus surrogacy technique, fetus is inserted into the uterus of another female through some medical equipment, and that female nurtures the fetus in her body until the birth stage and after delivery, she presents the baby to the applicant's parents. This phenomenon is the emergent point of various legal issues. The type of contract that is concluded between a couple seeking a child and a female with uterus surrogacy, the recording method, format, and its governing works can play a significant role in solving the parties concerns and preventing the potential disputes and lawsuits, since there is no specific law or unanimity opinion in this regard. In the present study, the researcher seeks to answer this question that if the delivery contract over the uterus to raise another child is subjected to Article 10 in the Civil Code? To answer the mentioned above question, the hypothesis is raised that compliance with these contracts is subjected to Article 10 in the Civil Code. This study aimed to examine if the contract of uterus surrogacy is a substitute of definite or indefinite contracts. The data collection was done through analyzing the library-based resources