The Concept of "Mother" in Fertility by Surrogate Mother

In recent decades, the use of a surrogate mother has largely solved the infertility problem of some women who is unable to have a child, but since in the complete implement procedure, the ovule belongs to the infertile woman and child-bearing is the responsibility of the surrogate mother, the jurists are confronted with this question: which of these two women have a native position for the child born? In this study we are going to judge on "mother" adaption to surrogate mother by the application of the term "mother" in religious teachings and analyzing its jurisprudential reasoning. This study is a descriptive-analytical research and uses the library resources. After conceptual explanation of the terms used in the religious teachings that are considered as "mother", various jurisprudential opinions about the determining the "mother" for the child born are subject to jurisprudential appraisal. The study of jurisprudential sources indicates that Imami's jurists have presented three different views on the title of "mother" for a child born from the complete surrogacy procedure: Biological mother, surrogate mother and both of them. But the writers believe that the "mother", is said only to a woman whose egg is effective in the production of eggs and embryos, and she has all the rights and duties of motherhood. Surrogate mother is not a customary and religious mother of the child.