The Position of Parents' Right to Occupy the Fetus; theAttribution Rightor Ownership?

One of the most important concerns of human is childbearing. Advanced infertility techniques have introduced new approaches to infertile couples. Fetal donation is one of the techniques that have posed major challenges and questions for Islamicscholars. In this study, based on the Imamiyyah jurisprudence, we tryto answer the question whether the parent's relationship with theirfrozen fetus is ownershipor allocation right? Does onlyparents’right to the fetus legitimize its transfer to them?

The present study is based on a descriptive-analytical methodthat has tried to explain and examine the type of relationship between parents andfetus and the extent of their possession of the fetus by analyzing legalandjurisprudential texts.

Although some Western jurists believe that the parents own the fetus and consider them as their property, but it seems that this approach does not prevail in the teachings of Islamic jurisprudence. In Islamic jurisprudence, due toinherent dignity of the fetus, the right to own a fetus is stronger.In this view, all effects of the right to allocate isn’t achieved on the fetus, because the father’s right to the child is an irrevocable right, and in fact being a father is the perfectreason for the realization of the element of guardianship, that is why itsforced and voluntary transfer is prohibited.