Jurisprudential Consideration Concerning Fertility Preservation by Gamete Cryopreservation Method

Gamete Cryopreservation method is one of the resent subjects in medical Fertility, however, there isn’t any problem in medical fields, but since frozen gametes have the potential to become human beings, so considering of this subject at the pointe view of jurisprudence is essential. Its permission depends on nonexistence of jurisprudence prohibition. According to the studies there is no prohibition on this matter, but because the main porpuse of it is gametes inseminaiting in future, so the most important matter is its diffirent jurisprudence-legal effects in diffirent cases, so their permission can be diffirent. Fertility Preservation can be divided into medical and social. Medical Fertility Preservation refers mostly to the chemotherapy or radiotherapy which can destroy reproductive tissue. Social Fertility Preservation refers to anyone without medical but social reasons especially the women in advanced age whose fertility can be compromised leading to menopause. At the point view of Imamiyeh jurisprudence the best way for getting sperm is disrupted sexual intercourse and in urgent and necessity situation masturbation is permitted. Also, the best way for getting ovule is fulicule aspirasiun from vajane. Thus, in urgent and necessity situation the physician can watch and touch the patient’s sexual organs. Because not using of fertility preservation may be causes sterile and it is in contrary of jurisprudentes decrees and according to ebahe and baraat tenet if the preliminaries of Gamete Cryopreservation for Fertility Preservation have been done according to jurisprudential basis and also, the frozen gametes injection for creating embryos has been done at the marriage states, so at the point view of Imamiyeh jurisprudence it’s both aspects are permissible, but if the frozen gametes injection has been done at out of the legal marriage states and causes social marriages, a single had been frozen his/her gametes some years ago and now wants to inseminate them by donor gametes to have child in unmarried state, it is prohibited. Also, the posthumous reproduction only at the Eddeh state is permissible.