The Examination of Conflict Between the Surrogacy Agreement and the Provision of Woman Obedience in Iranian Law

Surrogacy is the one method of therapy for infertility that due to of this، the egg of infertile woman with her husband،s spermia fertilized in vitro and for grow the producted embryo transfer to the other woman،s uterus that the name of this woman is surrogate mother. Whether the surrogate mother is married، with conclusion of this agreement and performance the obligations arise of this، she can t administrate her legal task of marriage against her husband. Therefore this question is arise what is the right of the husband of surrogate mother in this manner toward his wife and can he breach the agreement of his wife because the conflict with his right? From collection of legal provision in civil law and the law to protect family we can say legislator enact tasks for husband and express sanctions for them. Every woman i. e. surrogate mother must enforce her duties against her husband that denominate obedience and whether violate them without reasonable excuse، consist in legal sanction in this ground. surrogate mother with conclusion of surrogacy agreement، violate the administration her task of marriage against her husband that create her responsibility and husband can use the sanctions of obedience e. g. discharge of maintenance against his wife. He also annuls this contract before implant fetus in uterus of his wife.