Fundamental conditions of validity of the contracts for treatment of infertility applying gamete and embryo

Treatment of Infertility applying Gamete and Embryo has been considered as one of the approaches in infertility treatment and in this regard there are advertising and capitalization process; all of the discussions have been focused on the medical approaches, juridical and legal authorizations and the impressive effects of the transferring however, unfortunately fundamental conditions of validity of the contract has been disregarded and have not been studied as a research subject.

In this study, fundamental conditions of the validity of the contracts for transferring Embryo and Gamete for treatment of infertility have been analyzed and explored.

This article includes four sections dealing with various aspects of a research in this field. The first section contains the essential and main contracts. The second section includes elementary and relevant contracts. In the third section, also, attention will be made to the contracts of extract the semen and make it productive and protect Gamete and Embryo. The fourth section, finally, studies conditions and preventions of formation of the contracts in this field. This article is based upon a descriptive method and library research. In transferring Gamete and Embryo of a third party to the uterine cavity of the infertile woman, the intention of the donor and receiver plays fundamental role since it invokes that delivery of Gametes is forbidden, unless there is an agreement or consent of the both contracting parties. On the other hand, the consent of receiver is also essential and, therefore, the Gamete or Embryo of the third party cannot be transferred to other's uterus; Moreover, in a case that woman is married legally the consent of the husband is essential, too. Physician or clinician can practice as intermediary.

In this situation, if the physician or clinician practices as intermediary and consequently facilitate their affairs, then he/she is deserved for payment regarding any relevant expense. The issue of selling gamete and embryo approved by relevant common customs; thus, receiving money for such donation, transferring, protecting and making it productive are not forbidden.