Surrogacy from Legal Point of View

Surrogacy means necessary agreement with the womb owner who is ready for pregnancy and delivering the infant for an infertile couple. In a surrogacy، the host replaces the real mother totally and the guest child may not have any genetic relationship with his/her second mother. This study investigated the surrogacy legal dimensions according to the related issues of Iran and other countries. In this study، necessary searches were used from scientific reliable sites such as Iran Medex and NCBI about surrogacy and ART methods. The articles with the author''s legal point of view toward surrogacy were used based on Islamic jurisprudence especially Shia jurisprudence that paid attention to Iranian civil legal and social laws. This study also was referred to the articles about scientific position of surrogacy and its'' effect on family problems. Tradition، law and doctrinal issues of each society should be considered in a surrogacy. In some countries such as Astralia، Germany، Swedish، Norway، Greece، Irland and Finland، using of surrogacy is illegal or there is no law about this. Any specific law does not codified in Iran. Therefore، the applicants refer to shias jurists'' judgments and if they imitate of someone، they follow their Marja Taghlid. Alternatively، they follow up infertility centers and act based on their viewpoint. In some contries، the benefit of infant is more important. Some people believe that this treatment is useful for both parties and that forbiddance of using surrogacy causes restriction for some infertile couples. Some people deem that the risk of using this method is more than its benefit. Although the vacancy of law feels universally، there is disagreement on some issues such as guardianship، parental rights and motivation of doing this work.