Investigation of Juridical Dimensions of Human Cloning and Bastardization
One of the new coming issues in the field of genetic engineering and medical science is the subject of the reproduction of inseminated cells and the creation of similar twins, which is referred to as twinning (human cloning). Non-sexual reproduction of evolved animal cells-cloning has been the controversial achievement of science in recent years. This research seeks to give the rational juridical response to the issue of isolation of inseminated cells at the stage of reproduction and extraction of them from the womb and its replacement in the womb of foreign (strange) woman and its related commandments, such as the sentence of annihilating inseminated cells extracted from the uterus, the purchase and sale of inseminated cells, and parenting and identity of the child born through human cloning. This article have been investigated and scrutinized the argumentative and diligent subjects related to this issue and the jurisprudents views, and it has been concluded that, since the operation of human cloning is not guaranteed and endangers the health of the fetus, it is forbidden to do so. Also, it is forbidden to put and plant an inseminated cell in the womb of foreign woman. In terms of a situational sentences like parenting, a child who born by human cloning is not attributed to the father, and his mother is also the owner of the womb. In addition, the purchase and sale of inseminated cells are also have numerous problems, and destroying inseminated cells also requires the paying atonement (blood money).
نشریه آموزه های فقه مدنی, No. 18, 2019
103 - 125
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