Researching the maternal linage of a child born from complete surrogacy
The increasing progress of knowledge has made it possible to fertilize infertile couples in various ways, including complete surrogacy. In this method, the wife who does not have ovulatory disorders but has difficulty carrying the fetus or, conversely, is able to carry the fetus but is deprived of the possibility of releasing or fertilizing an egg, will have a child by egg donation or surrogate womb from another woman. It is natural that with the presence of another woman in the process of having a child, new jurisprudential and legal challenges will arise regarding the parentage of the child. Most experts consider the owner of the egg to be the blood mother of the child, and some believe in that the owner of the uterus is the mother. The third group also believes in two mothers. Despite this difference, Iran's legal system does not have a specific position in this regard. The result of these disagreements and the silence of the legislator is the indecision of the people and families present in the process of complete surrogacy. The purpose of this research is to provide the most suitable solution to protect the rights of all involved people including the born child, the woman who owns the uterus and the woman who owns the egg.
This paper has been compiled with a descriptive analytical approach, using the documentary method and library resources.
This research based on the findings of modern medical science and the epigenetic effects of the uterus, along with the effective role of the egg in the development of the child as well as relying on traditional, philosophical and ethical perspectives and applying the standards of Islamic jurisprudence including the need to protect the natural rights of the child, the need to be cautious in the introduction and to prevent the confusion of genealogy as well as the need to definitely agree with the religious leader and some anecdotal evidence, concluded that according to the religion, blood relation exists between the baby and the two woman, egg owner and surrogate uterus. Lack of intention to give birth is not effective in proliferating the lineage, rather it only has an effect on actualizing some rights and duties. Since according to the fourth article of the Constitution of the Islamic Republic of Iran, all laws must be in accordance with religious regulations, the amendment and revision of the relevant regulations is an inevitable necessity.
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