Volume 11, Issue 43 (Winter 2018)                   Medical Law Journal 2018, 11(43): 193-173 | Back to browse issues page

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Ghanizade Bafghi M, Ansari B. Donor’s Anonymity in Artificial Reproductive Technologies and the Convention on the Rights of the Child with Emphasis on the Child's Best Interests. Medical Law Journal. 2018; 11 (43) :193-173
URL: http://ijmedicallaw.ir/article-1-833-en.html
1- Faculty of Law, Kharazmi University, Tehran, Iran. (Corresponding author)
2- Faculty of Law, Shahid Beheshti University, Tehran, Iran
Nowadays more using of Artificial Reproductive Technologies as a new tech, has its special related questions and has become a scope for legal, moral and medical discussions. One of the issues which is under attention in the result of the methods application and by considering child’s best interest (BIC) is the child’s identity who have born especially with donation methods. Most of the countries’ tendency is anonymity rather than secrecy. However, there are some countries that still consider secrecy as a crucial principle. Some of the interpretations by using article 7 of Convention on the Right of the Child, consider children’s access to their biological roots as part of their right to identity and some deny child’s access. In Iran, there is a double policy toward children with special status. While in Protection of children and Teenagers without Guardian or with Inappropriate Guardian Act (2013), disclosure and declaration is necessary and legal, in The Method of Embryo Donation Act (2003) this right has not been recognized. In this article we are going to analyze different approaches in disclosing information about biological parents and their relations to the best interest of the child principle in order to protect child’s identity. According to the findings, it seems that Iran’s divergent approach in disclosing information is because of a special interpretation on BIC which secrecy is considered suchlike. The thing that cultural grounds in Iran confirms.

Please cite this article as: Ghanizade Bafghi M, Ansari B. Donor’s Anonymity in Artificial Reproductive Technologies and Convention on Rights of Child with Emphasis on Child's Best Interest. Iran J Med Law 2018; 11(43): 173-193.
Type of Study: Original Article |
Received: 2017/01/28 | Accepted: 2018/01/16

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