Volume 10, Issue 37 (Summer 2016)                   Medical Law Journal 2016, 10(37): 123-148 | Back to browse issues page

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Seify Ghareyataq D, Khojaste Mah Siyah K, Dehbashi Z. Legal Principles and Rules of Alimony of Cloned Child. Medical Law Journal. 2016; 10 (37) :123-148
URL: http://ijmedicallaw.ir/article-1-570-en.html
1- Department of Law, University of Zabol, Zabol, Iran
2- Department of Islamic Studies, Zabol Branch, Islamic Azad University, Zabol, Iran
3- Department of Parturition, Zabol University of Medical Sciences, Zabol, Iran
Abstract:  

The child’s right to receive alimony from his parents, is one of the basic human rights, which has been seriously challenged by the arrival of new technologies of reproduction. This paper seeks to answer questions and challenges about alimony of cloned Child. In this regard, the theoretical foundation of entitlement to alimony- such as the theory of compliance with legal parentage and compliance of alimony with conventional parity, theory of contractual nature of alimony, and theory of having credit and legal origin have been analyzed and explicated. Then, cloned child’s alimony is discussed based on different assumptions such as cloning with couple of cells, cells stranger, an alien egg, a fetus alimony in during pregnancy and alimony of child in embryo donation and clonic without the interference of man. By analyzing the legal opinions, laws and spirit of the law. The article concludes that alimony payments depend on child’s well-being rather than the legal parentage. The obligation to pay alimony is for the legal father who is the owner of the cell nucleus. And, in the event of non-payment or agreement, transference of the embryo recipients and those who are committed to get the child simulation is preferred.

Please cite this article as: Seify Ghareyataq D, Khojaste Mah Siyah K, Dehbashi Z. Legal Principles and Rules of Alimony of Cloned Child. Iran J Med Law 2016; 10(37): 123-148.

Type of Study: Original Article |
Received: 2016/01/12 | Accepted: 2016/05/5

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