Volume 20, Issue 61 (4-2026)
MLJ 2026, 20(61): 304-315 |
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Shirmohammadi S, Mazloomi Rahni A R, Pahlavani F. Investigating the Conditions of Termination and Conversion of
the Obligation in the Surrogacy Contract, Whit Looking at
Similar Practices in the Legal Systems of Egypt and Syria. MLJ 2026; 20 (61) :304-315
URL: http://ijmedicallaw.ir/article-1-2040-en.html
URL: http://ijmedicallaw.ir/article-1-2040-en.html
1- Department of Law, GhaemShahr Branch, Islamic Azad University, GhaemShahr, Iran.
2- . Department of Law, Shahr Ghods Branch, Islamic Azad University, Ghods, Iran.
3- . Department of Law, Yadegae Emam Branch, Islamic Azad University, Tehran, Iran.
2- . Department of Law, Shahr Ghods Branch, Islamic Azad University, Ghods, Iran.
3- . Department of Law, Yadegae Emam Branch, Islamic Azad University, Tehran, Iran.
Abstract:
Background and Aim: In two decades ago, the surrogacy mechanism was introduced as one of the new methods of infertility treatment, which only some legal systems recognized and suffered from legal ambiguity in many countries. Therefore, the termination/ conversion of the obligation of these contracts is questionable.
Method: This study was doned with analytical-descriptive method and studied the possibility of terminating the obligations of the surrogate mother while comparing them with the legal systems of egypt and syria.
Ethical Considerations: In all stages of writing, the principles of research have been considered.
Results: In Egypt and Syria, in accordance on scientific protocols of the United States Department of Health, for ten cases of surrogate mother diseases that were not identifiable during the initial tests; The permission to fall into the obligations has been foreseen, which is controversial regarding the rights of the surrogate mother after its implementation. In cases where the surrogate mother intends to abuse her rights, a penalty has been determined that will be able to control this situation.
Conclusion: In our country, the principle of surrogate motherhood is legal. However, there is ambiguity regarding the details of its implementation. Therefore, the cancellation/ conversion of the surrogate mother's obligation is considered a questionable matter, but if the Ministry of Health confirms the absence of a serious risk to the fetus, its obvious examples in Egypt and Syria, it will be applicable in Iran and will have no legal prohibition. However, the Romano-Germanic nature of our country's legal system is in dire need of a comprehensive law in this regard.
Please cite this article as:
Shirmohammadi S, Mazloomi Rahni AR, Pahlavani F. Artificial Intelligence in Health Systems: Juridical-Theological Protection of Patient Privacy and Ethical Obligations. Medical Law Journal. 2026; 20: e20
Method: This study was doned with analytical-descriptive method and studied the possibility of terminating the obligations of the surrogate mother while comparing them with the legal systems of egypt and syria.
Ethical Considerations: In all stages of writing, the principles of research have been considered.
Results: In Egypt and Syria, in accordance on scientific protocols of the United States Department of Health, for ten cases of surrogate mother diseases that were not identifiable during the initial tests; The permission to fall into the obligations has been foreseen, which is controversial regarding the rights of the surrogate mother after its implementation. In cases where the surrogate mother intends to abuse her rights, a penalty has been determined that will be able to control this situation.
Conclusion: In our country, the principle of surrogate motherhood is legal. However, there is ambiguity regarding the details of its implementation. Therefore, the cancellation/ conversion of the surrogate mother's obligation is considered a questionable matter, but if the Ministry of Health confirms the absence of a serious risk to the fetus, its obvious examples in Egypt and Syria, it will be applicable in Iran and will have no legal prohibition. However, the Romano-Germanic nature of our country's legal system is in dire need of a comprehensive law in this regard.
Please cite this article as:
Shirmohammadi S, Mazloomi Rahni AR, Pahlavani F. Artificial Intelligence in Health Systems: Juridical-Theological Protection of Patient Privacy and Ethical Obligations. Medical Law Journal. 2026; 20: e20
Keywords: Surrogate Mother, New Methods of Pregnancy, Abortion, Cancellation, Conversion of Obligation
Type of Study: Original Article |
Received: 2025/11/18 | Accepted: 2026/02/21
Received: 2025/11/18 | Accepted: 2026/02/21
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