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The Study of Lineage and Privacy of the Child Resulting from Gamete and Embryo Donation in Islamic Jurisprudence and Iranian Law

Received: 5 August 2014     Accepted: 9 September 2014     Published: 20 September 2014
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Abstract

The embryo donation has been studied by many scientists and practitioners after the approval of the act of the embryo donation to infertile couples in 1382. The main question posed here is concerned with the lineage and intimacy status of this donation for the child and also “to whom does the child belong”? To answer this question this result was obtained that in Iranian law, the complete assignment of the child to the applicant couple has not been accepted. Iranian law is also silent on lineage field. But from jurisprudents point of view and regarding verses and traditions, the child’s original parents are the owners of ovule and sperm and also about the lineage of the owner of uterus, she is the child’s “consented” mother. If the child is a girl as she is served as the father’s stepdaughter, he would be confident to the child. The objective of this study was to clarify the child lineage induced by embryo donation with donors and receivers in Iranian law. To write this thesis, a library method has been used. At the end of the writing some recommendations have been proposed that are useful to solve some of the present and future problems.

Published in Social Sciences (Volume 3, Issue 5)
DOI 10.11648/j.ss.20140305.11
Page(s) 144-152
Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.

Copyright

Copyright © The Author(s), 2014. Published by Science Publishing Group

Keywords

Confidence, Embryo Donation, Lineage, Recommendation, Respect or Permit

References
[1] Babai AA. 2003. Sample interpretation selection. Tehran: Islamic bookstore.
[2] Borojerdi SMI. 1987. Jami Tafsir, Tehran: Sadr Publications.
[3] Gharashi SAA. 1998. Ahsan al Hadis tafsir. Tehran: Besat Institute.
[4] Gheraati M. 2004. Nor tafsir. Tehran: The cultural center of lessons of Koran.
[5] Ghasemzadeh, M. 2007. Main conditions of curing un productivity using gamete and chrysalis. PAYESH, 6 (4). 419-437.
[6] Hor-Ameli MH. 2000.Vasayel al Shiite , 15th edition. Tehran: Maktab al Islamic.
[7] Vasayel al Shiite (17theditions), Dar al Ahya altras alarabi. Beirut, al tras and al Ahya Al-beit institute , p.1424.
[8] Husseini-Hamedani SMH. 1983. Bright lights. Tehran: Lotfi Publications.
[9] Khamene’ie SA.2002. Practical laws of Islam. Tehran: Alhoda international publication.
[10] Khani R , Heshmat-Allah R .1993. Bayan al Sadat fi Maghamat Akebadat Translation. Tehran: PNU PUB LICATION.
[11] Khaledmansoor, M. 2008. Islamic jurisprudence. Majma Fegh, 2 (2), 317-321.
[12] Khooie, SAG. 2000. Shiite issues, transactions referendum. Tehran: Institute to recover Imam Khomeini’s works.
[13] Khooi- Tabrizi MH. 1996. Path of deliverance in referendum answers, polls collection,1st edition, Tehran.
[14] Mohagheghdamad, M. 1998. Jurisprudence and law of embryo transfer. Tehran: Jahade Daneshgahi Publications.
[15] Motarjeman. 1997. Hedayat tafsir. Mashhad: Razavi Ghods Research Center.
[16] Makarem-Shirazi N. 2008. New polls. Tehran: Besat Institute
[17] Merghati, ST. 2007. Children’s right in gamete donation. PAYESH, 6(4), 347-354.
[18] Meshkati, Sh. 2008. Donation of gamete and embryo in Iranian law. Unpublished master’s thesis. Tehran, Iran.
[19] Moosavi Ardabili ,1996. seed Abdol Karim , Tozih al Masael treaties.
[20] Nazari A. 2010. The jurisprudential study of the child lineage results from artificial inoculation. Journal of Jurisprudence and History of Civilization, 23 (2).
[21] Sane’ie Y. 2007. The collection of polls issues, second edition. Qom: Meysam Tamar .
[22] Tabatabai SMH. 1996. The balance in the interpretation of Koran. Beirut: Scientific Publication.
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  • APA Style

    Mohammad Moradi, Ehsan Heydari Motlagh. (2014). The Study of Lineage and Privacy of the Child Resulting from Gamete and Embryo Donation in Islamic Jurisprudence and Iranian Law. Social Sciences, 3(5), 144-152. https://doi.org/10.11648/j.ss.20140305.11

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    ACS Style

    Mohammad Moradi; Ehsan Heydari Motlagh. The Study of Lineage and Privacy of the Child Resulting from Gamete and Embryo Donation in Islamic Jurisprudence and Iranian Law. Soc. Sci. 2014, 3(5), 144-152. doi: 10.11648/j.ss.20140305.11

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    AMA Style

    Mohammad Moradi, Ehsan Heydari Motlagh. The Study of Lineage and Privacy of the Child Resulting from Gamete and Embryo Donation in Islamic Jurisprudence and Iranian Law. Soc Sci. 2014;3(5):144-152. doi: 10.11648/j.ss.20140305.11

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  • @article{10.11648/j.ss.20140305.11,
      author = {Mohammad Moradi and Ehsan Heydari Motlagh},
      title = {The Study of Lineage and Privacy of the Child Resulting from Gamete and Embryo Donation in Islamic Jurisprudence and Iranian Law},
      journal = {Social Sciences},
      volume = {3},
      number = {5},
      pages = {144-152},
      doi = {10.11648/j.ss.20140305.11},
      url = {https://doi.org/10.11648/j.ss.20140305.11},
      eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ss.20140305.11},
      abstract = {The embryo donation has been studied by many scientists and practitioners after the approval of the act of the embryo donation to infertile couples in 1382. The main question posed here is concerned with the lineage and intimacy status of this donation for the child and also “to whom does the child belong”?  To answer this question this result was obtained that in Iranian law, the complete assignment of the child to the applicant couple has not been accepted. Iranian law is also silent on lineage field. But from jurisprudents point of view and regarding verses and traditions, the child’s original parents are the owners of ovule and sperm and also about the lineage of the owner of uterus, she is the child’s “consented” mother. If the child is a girl as she is served as the father’s stepdaughter, he would be confident to the child. The objective of this study was to clarify the child lineage induced by embryo donation with donors and receivers in Iranian law. To write this thesis, a library method has been used. At the end of the writing some recommendations have been proposed that are useful to solve some of the present and future problems.},
     year = {2014}
    }
    

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    AU  - Mohammad Moradi
    AU  - Ehsan Heydari Motlagh
    Y1  - 2014/09/20
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    N1  - https://doi.org/10.11648/j.ss.20140305.11
    DO  - 10.11648/j.ss.20140305.11
    T2  - Social Sciences
    JF  - Social Sciences
    JO  - Social Sciences
    SP  - 144
    EP  - 152
    PB  - Science Publishing Group
    SN  - 2326-988X
    UR  - https://doi.org/10.11648/j.ss.20140305.11
    AB  - The embryo donation has been studied by many scientists and practitioners after the approval of the act of the embryo donation to infertile couples in 1382. The main question posed here is concerned with the lineage and intimacy status of this donation for the child and also “to whom does the child belong”?  To answer this question this result was obtained that in Iranian law, the complete assignment of the child to the applicant couple has not been accepted. Iranian law is also silent on lineage field. But from jurisprudents point of view and regarding verses and traditions, the child’s original parents are the owners of ovule and sperm and also about the lineage of the owner of uterus, she is the child’s “consented” mother. If the child is a girl as she is served as the father’s stepdaughter, he would be confident to the child. The objective of this study was to clarify the child lineage induced by embryo donation with donors and receivers in Iranian law. To write this thesis, a library method has been used. At the end of the writing some recommendations have been proposed that are useful to solve some of the present and future problems.
    VL  - 3
    IS  - 5
    ER  - 

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Author Information
  • Department of Private Law, Islamic Azad University, Sirjan Branch, Iran

  • Department of Private Law, Islamic Azad University, Sirjan Branch, Iran

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