Volume 20, Issue 61 (4-2026)
MLJ 2026, 20(61): 191-206 |
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Keykavosi S M, Feizi Aghdas A, Taghvayi Nakhjiri M, Aghabaali A. Legal Challenge - Medical Authenticity and Proportion of Cloned Embryos. MLJ 2026; 20 (61) :191-206
URL: http://ijmedicallaw.ir/article-1-1854-en.html
URL: http://ijmedicallaw.ir/article-1-1854-en.html
1- Department of Jurisprudence and Fundamentals of Islamic Law and Member of the Young Researchers Club, Shahr-e Ray Yadegar Imam Khomeini (RA) Branch, Islamic Azad University, Tehran, Iran.
2- Department of Jurisprudence and Fundamentals of Islamic Law, Shahr-e Ray Yadegar Imam Khomeini (RA) Branch, Islamic Azad University, Tehran, Iran.
3- Department of Quran and Hadith Sciences, Shahr-e Ray Yadegar Imam Khomeini (RA) Branch, Islamic Azad University, Tehran, Iran.
4- Department of Commercial Law, Naragh Branch, Islamic Azad University, Naragh, Iran.
2- Department of Jurisprudence and Fundamentals of Islamic Law, Shahr-e Ray Yadegar Imam Khomeini (RA) Branch, Islamic Azad University, Tehran, Iran.
3- Department of Quran and Hadith Sciences, Shahr-e Ray Yadegar Imam Khomeini (RA) Branch, Islamic Azad University, Tehran, Iran.
4- Department of Commercial Law, Naragh Branch, Islamic Azad University, Naragh, Iran.
Abstract:
Background and Aim: Today, embryo cloning, with the policy of increasing fertility in low-population societies or with the desire of couples incapable of having children to reproduce, is an emerging phenomenon that requires predicting and preparing an appropriate solution for the legal consequences arising from it; including whether cloning is acceptable in terms of legal rules or not? And assuming acceptance, to whom is the issue of the lineage of the cloned embryo attributed and who is responsible for its rights?
Method: The present study uses a descriptive-analytical method to try to find the opinion of domestic and international legal rules in this field by using medical data.
Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Results: Cloning is carried out by several methods such as embryo donation, artificial insemination and genetic cultures, each of which has a different ruling from the point of view of lawyers. Also, from the perspective of Iranian law, since paternal guardianship has not been assigned to anyone, the attribution of the embryo to the cell owners is not recognized, while international law, especially in European countries such as England, France and Germany, has accepted and formalized the guardianship of the cloned embryo.
Conclusion: Given the widespread legal ambiguities and disagreements and the legal vacuum regarding the recognition of lineage for the embryo resulting from cloning and the explanation of the rights arising from it, it seems that this important aspect requires further exchange of views and examination by thinkers and lawyers.
Please cite this article as:
Keykavosi SM, Feizi Aghdas A, Jafari Ghazi Jahani M, Aghabaali A. Legal Challenge - Medical Authenticity and Proportion of Cloned Embryos. Medical Law Journal. 2026; 20: e13.
Method: The present study uses a descriptive-analytical method to try to find the opinion of domestic and international legal rules in this field by using medical data.
Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Results: Cloning is carried out by several methods such as embryo donation, artificial insemination and genetic cultures, each of which has a different ruling from the point of view of lawyers. Also, from the perspective of Iranian law, since paternal guardianship has not been assigned to anyone, the attribution of the embryo to the cell owners is not recognized, while international law, especially in European countries such as England, France and Germany, has accepted and formalized the guardianship of the cloned embryo.
Conclusion: Given the widespread legal ambiguities and disagreements and the legal vacuum regarding the recognition of lineage for the embryo resulting from cloning and the explanation of the rights arising from it, it seems that this important aspect requires further exchange of views and examination by thinkers and lawyers.
Please cite this article as:
Keykavosi SM, Feizi Aghdas A, Jafari Ghazi Jahani M, Aghabaali A. Legal Challenge - Medical Authenticity and Proportion of Cloned Embryos. Medical Law Journal. 2026; 20: e13.
Type of Study: Original Article |
Received: 2024/07/31 | Accepted: 2026/02/3
Received: 2024/07/31 | Accepted: 2026/02/3
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