The legal study of filiation of the donated embryo

Donation of embryo to infertile couples is a new treatment for infertility. In this method the sperm and ovum of the couples are fertilized in laboratory. After fertilization and at the beginning of division to the phase of eight cells, the embryo is transferred to the womb of the applicant woman and continues to grow there. After birth, the child has two mothers and in some cases two fathers, since on the one hand the man and woman to whom the sperm and ovum belong are his/her real parents, because they are the stems of his/her creation and genetically the child belongs to them, and on the other hand the role of the receiver couple especially the woman in growth of the child must not be ignored and the woman could not be seen as an alien. The law of “the way of donation of embryo to infertile couples, 1382” of Iran in addition to allowing this method of donation, only mentions the rights and duties of the applicant couple and says: “the rights and duties of the receiver couple are similar to rights and duties of the parents and children as to guardianship, training and financial support”. The above mentioned law does not have any provision about the child’s filiation. The present paper due to importance of filiation of the donated embryo and reliance of the other rights on it, studies the filiation of father and mother of the embryo.