Volume 11, Issue 41 (Summer 2017)                   Medical Law Journal 2017, 11(41): 57-79 | Back to browse issues page

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Masjedsaraie H, Nazari A. Analysis of Inheritance of Fetus Produced through Modern Fertility Techniques. Medical Law Journal. 2017; 11 (41) :57-79
URL: http://ijmedicallaw.ir/article-1-742-en.html
1- Faculty of Human Sciences, Semnan University, Semnan, Iran. (Corresponding author)
2- Mashhad Uninersity, Mashhad, Iran
Abstract:  
With the development of medical knowledge in the field of treatment of infertility, jurisprudence and legal issues have raised about it, among which is inheritance of fetus produced through modern fertility techniques. Given "inheritance" is a civil right of the fetus, so, the question is that what is the inheritance status of child produced through modern fertility techniques? Thus the purpose of this research is study of inheritance fetus in view point of jurisprudence and law. We have utilized library and documentary methods in collecting of content and style of writing is descriptive, reasoning, analytical interpretationall. So, in the intrauterine insemination techniques, IVF and surrogacy in which sperm and eggs are taken from the couple, there is no doubt that the child and the couple inherit from each other; however, when it comes to embryo donation and gamete donation techniques in which sperm or eggs are obtained from persons other than the couple, parents are donors of sperm and egg and therefore it is them who have an inheritance relationship with the fetus.  In emerging techniques of ovary transplant or testicular transplant after transplantation, the transplanted organ constitutes the original organ of the donee and since egg or sperm is produced in the body of donee after transplantation, the parents of the child produced by this technique are the dones couple and inheritance relationship exists between the child and the couple like it exists between the couple and their other children.

Please cite this article as: Masjedsaraie H, Nazari A. Analysis of Inheritance of Fetus Produced through Modern Fertility Techniques. Iran J Med Law 2017; 11(41): 57-79.
 
Type of Study: Original Article |
Received: 2016/10/3 | Accepted: 2017/06/13

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