چکیده:
Since fetal reduction is a product of advancements in medical science and technology in the field of infertility treatment and previously had no existence, there is no specific Sharia or jurisprudential ruling for it. Obligating infertility specialists to perform such medical and therapeutic actions brings about the jurisprudential and legal challenge of whether this action by the physician will fundamentally entail civil, criminal, and disciplinary responsibilities for them or not. Therefore, given the importance and necessity of the subject of fetal reduction and the need to be aware of the potential rights, duties, and responsibilities related to it, this study aims to analyze the issue of the physician's triple responsibilities in Iran resulting from the act of fetal reduction. Accordingly, initially, the definition of fetal reduction, its types, common methods, and the approach of the legal systems of other countries in this regard are addressed, and then the discussion of the physician's triple responsibilities is entered, and under the introduction of each of the civil, criminal, and disciplinary responsibilities, the physician's responsibilities resulting from the act of fetal reduction will be examined.
خلاصه ماشینی:
Since fetal reduction is a product of the advancement of medical science and technology in the field of infertility treatment and did not previously exist, and for this reason, there is no specific Sharia or jurisprudential ruling related to it, performing such medical acts—a treatment that, based on necessity, obligates the community of infertility specialists to implement it—carries this jurisprudential and legal challenge, which essentially whether this action by the physician, will entail responsibilities for him from civil, criminal, and disciplinary aspects or not?
These conditions are: A - Legality of the surgical or medical act: Legality is the first and most important issue raised in civil liability arising from fetal reduction (13), because if the fetal reduction is inherently an illegal act, it will provide the grounds for the physician's civil liability will be provided according to Clause C of Article 158 of the new Islamic Penal Code (passed in 2013); this article stipulates: "Any type of lawful surgical or medical act that is performed with the consent of the person or their parents, guardians, or legal representatives, and with adherence to technical and scientific standards and state regulations," is not punishable.
Therefore, considering the medical reasons presented, performing fetal reduction is considered a lawful act, and the physician, in case of committing it, is exempt from civil liability; but if there is no medical necessity to preserve the health and life of the mother or the fetuses, committing it is not free from legal and Sharia issues and certainly lacks legality (15).
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