The Essential Requirements of Validity of Uterine Transplant Contract in Light of Islamic Law

Some women are congenitally infertile or have had to have their uterus removed due to the disease and as a result, are unable to conceive due to the lack of a uterus. This group of people can use a transplanted uterus for fertility. A uterine transplant contract (UTC) is a contract under which the uterus of one party to the contract is acquired to give fertility to the other party who has no uterus. Regarding the intention and consent of both parties, since (UT) leads to the decline of pregnancy power in the donor, so obtaining consent in this regard should be by consciously stating all the conditions and consequences of the transplant. As it is risky, accepting a (UT) is against the interests of the detainees and their guardian does not have the right to decide in this regard. Since the result of this contract is the birth of a child, the parties to the (UTC), in addition to general capacity, must also have a series of special conditions. The case of transaction regarding a uterine transplant contract is important because (UT) is significantly different from transplantation of other organs; Among other things, (UT) is risky and temporary and, unlike transplantation of other organs, is not life-saving and only leads to an improvement in the quality of life of the donor. The subject of the UTC seems to be legitimate in light of arguments such as the right to fertility, the principle of the rule of will, the right to treatment and other documents mentioned in the article. Receipt of compensation that is related to the direction of this contract can be justified in the form of Article 801 of the Civil Code.