Volume 8, Issue 30 (Autumn 2014)                   Medical Law Journal 2014, 8(30): 37-63 | Back to browse issues page

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Tabatabaei M S, Jalili M. The Analysis of Financial and Non-Financial Rights of Children Who Were Born by The Method of Surrogacy. Medical Law Journal. 2014; 8 (30) :37-63
URL: http://ijmedicallaw.ir/article-1-251-en.html
Abstract:  

In the light of remarkable advancement in medical science the use of medical treatment is increasingly using in order to overcome to the problem of infertility. One of the most popular of these medical treatments is the method of surrogacy. Surrogacy is an arrangement in which a woman carries and delivers a child for another couple. She may be the child's genetic mother (the more traditional form of surrogacy) or she may carry the pregnancy to delivery after having an embryo with another female's genetic transferred to her uterus. The intended parents may arrange a surrogate pregnancy because of female infertility or other medical issues which may make the pregnancy or delivery risky. The legal aspects surrounding surrogacy are very complex and mostly. The childes which were borne by the method of surrogacy have rights in the legal system. These rights involved financial rights such as allowance, heritance and non- financial rights such as training. The analysis of rights of childes which were born by surrogacy makes the legislature thin full about the legal aspects of surrogacy. The general aim of legislature should be the determination of legal status of these childes in order to prevent the future challenges which may produce through surrogacy. Since these childes like childes which were born by natural birth have civil rights. The analysis of their rights from the date of pregnancy to the date of birth and even after birth is really necessary. This article concerns the rights of childes which were born by the method of surrogacy.

Type of Study: Review Article |
Received: 2011/05/2 | Accepted: 2012/01/18

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