چکیده:
Embryo donation، apart from the question of being fair or unfair، has some legal implications which raised controversies among experts، with some of them agreeing and others disagreeing with it. In 1382/2003، the law of the conditions of donating embryo to infertile couples، containing five articles، was passed in the parliament. Although the law was very helpful at that time، because of being very brief، it has a number of deficiencies such as the indeterminacy of the ancestry of the infant. This paper deals with the legal implications of ancestry، inheritance، marriage، alimony، custody، and nationality. Finally، the shortcomings of the law were determined and some suggestions to amend the law were proposed.
خلاصه ماشینی:
This article addresses the legal consequences imposed on the child resulting from embryo donation, including lineage, inheritance, marriage, maintenance, custody, and citizenship, and at the end, suggestions are provided according to the selected theory of "Will and Renunciation.
Therefore, in the author's opinion, the child resulting from embryo donation should be attributed to the recipients, namely the surrogate mother and her husband, and not to the owners of the sperm and egg.
On this basis, Ayatollah Sanei has based his fatwa on the "renunciation of the owners of germ cells"; he believes that: "The mixing of a husband's sperm with another woman's egg outside the body and its fertilization into the wife or the aforementioned woman with a third woman apparently has no obstacle; because it is not adultery (zina) and it is not the introduction of semen into the womb of a foreign woman, and if a child is born through this method, he is attributed to the man, and the motherhood of the woman to whom the egg belongs is apparently established, provided that the mixing of the nucleus and the egg was according to that woman's will and she has not renounced the egg (such as placing it in a sperm bank so that anyone who wishes can use it)" (Sanei, 0831: p.
Interest requires that the child be attributed to the recipients—namely the woman who owns the womb and her husband—because in embryo donation, the owners of the sperm and egg have renounced their germ cells, and the recipients have willed the child.
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