Legal and Jurical analysis of Frozen Embryo's Inheritance

Advances in medical science have led to changes in the treatment of infertility and consequently the incidence of complex problems rose in the areas of jurisprudence, law, society and so on. Among these issues, the Frozen Embryo’s inheritance can be noted. Then it can raise the question that in the assumption about using by owners, frozen embryo can have the inheritance of his wand after father’s death. This analytical descriptive study has attempted to answer the question relying on the juridical rules, Jurisconsults’ Fatwa and various legal opinions. After accepting the legitimacy of fertilization with deceased frozen embryos, by comparision of infidel’s situation and frozen embryo, the usage of inheritance is modified, and laws and legal rules issued on the natural transport of embryo, is known corresponding to the same case due to the natural transport the past being decisive, and time of legislation. In addition, according to Article 875 of Civil Code, that considers transport at coagulation time of embryo, the acceptance of the Frozen Embryo’s inheritance with emphasis on the posterior condition and the interest of the child accepting the Frozen Embryo’s Inheritance is known defensible through compromising with other heirs, and transmission to the uterus before wand division and not depriving it of the right to inheritance.