چکیده:
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.
خلاصه ماشینی:
Basic Conditions for the Validity of Uterine Transplantation Contracts with a View to Islamic Law Date of Receipt: 1400/05/12 Final Acceptance Date: 1400/11/25 1 Nazila Taghavi 2 Hamid Abhary 3 Reza Omani Samani Abstract Some women are congenitally without a uterus or have been forced to undergo a hysterectomy due to illness, and consequently, they are unable to reproduce due to the lack of a uterus.
For the validity and authenticity of the uterine transplantation contract, merely obtaining consent and the existence of intention according to the general rules of contracts is not sufficient; with the explanation that due to the significant risks of uterine transplantation, the first necessary step for the removal, preservation, and use of a uterus is to obtain appropriate and acceptable consent from both the donor and the recipient of the organ.
It may be said that in cases where, from a medical standpoint, a minor or an insane person requires receiving a uterus, the guardians of this category of interdicted persons can proceed to receive a uterus for their ward by concluding a contract with a uterine donor; because according to Article 1235 of the Civil Code, the care of the ward and their legal representatives in all matters related to their property and financial rights is done with value.
Lerne, T, Ejzenberg D, Gay, D, Elsa, A, Soares J, Jose, M.
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