Volume 16, Issue 57 (4-2022)
MLJ 2022, 16(57): 320-335 |
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Taghavi N, Abhari H, Omani Samani R. Ethical and Legal Dimensions of Uterus Transplan. MLJ 2022; 16 (57) :320-335
URL: http://ijmedicallaw.ir/article-1-1377-en.html
URL: http://ijmedicallaw.ir/article-1-1377-en.html
1- Department of Private Law, Mazandaran University, Faculty of Law and Political Science, Babolsar, Iran
2- Department of Law and Ethics, Royan Research Institute, Tehran, Iran
2- Department of Law and Ethics, Royan Research Institute, Tehran, Iran
Abstract:
Background and Aim: Some women are unable to conceive because they do not have a uterus. Medically, over the last decade, it has become possible for these people to become pregnant through a uterine transplant. Since the nature of uterine transplantation is different from transplantation of other human organs, it is necessary to use this method in the absence of moral and legal prohibition. The purpose of this article was to investigate the ethics and legality dimensions of uterine transplantation.
Method: Research method has been documentary- library in some parts and analytic- descriptive in other parts.
Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Results: Uterus transplant is morally and legally justified.
Conclusion: There is an ethical difference of opinion regarding the use of uterine transplantation. Opponents argue that since uterine transplantation poses a significant risk to the donor, the donor, and the transplanted infant, the survival of the donor does not depend on the transplantation, and those who do not have a uterus use the methods Alternative fertility and adoption are able to experience the feeling of having a child, so a uterine transplant is not morally acceptable. On the contrary, the proponents have responded to all the objections expressed and have stated, merely the risk of a uterine transplant is not a reason not to accept it, because in the world of medical procedures that despite the risk and the lack of necessity, denial about it. On the other hand, although the preservation of human life does not depend on uterine transplantation, uterine transplantation removes a much more important need in the donor and his wife, namely the need for fertility and having a child. Furthermore, although unmarried people are able to experience childbearing through surrogacy and adoption methods, but many people not considered these alternative methods as a desirable way to become a mother. Permission for a uterine transplant is also legally justified by reasons such as the right of reproduction and the right of access to reproductive aids, which are considered of the established principles in human rights. On the other hand, the absence of the uterus is considered a disease, and given that individuals have the right getting cured, it should be considered permissible for this operation, which is in line with the treatment of the disease.
Please cite this article as:
Taghavi N, Abhari H, Omani Samani R. Ethical and Legal Dimensions of Uterus Transplan. Medical Law Journal. 2022; 16(57): e22.
Method: Research method has been documentary- library in some parts and analytic- descriptive in other parts.
Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Results: Uterus transplant is morally and legally justified.
Conclusion: There is an ethical difference of opinion regarding the use of uterine transplantation. Opponents argue that since uterine transplantation poses a significant risk to the donor, the donor, and the transplanted infant, the survival of the donor does not depend on the transplantation, and those who do not have a uterus use the methods Alternative fertility and adoption are able to experience the feeling of having a child, so a uterine transplant is not morally acceptable. On the contrary, the proponents have responded to all the objections expressed and have stated, merely the risk of a uterine transplant is not a reason not to accept it, because in the world of medical procedures that despite the risk and the lack of necessity, denial about it. On the other hand, although the preservation of human life does not depend on uterine transplantation, uterine transplantation removes a much more important need in the donor and his wife, namely the need for fertility and having a child. Furthermore, although unmarried people are able to experience childbearing through surrogacy and adoption methods, but many people not considered these alternative methods as a desirable way to become a mother. Permission for a uterine transplant is also legally justified by reasons such as the right of reproduction and the right of access to reproductive aids, which are considered of the established principles in human rights. On the other hand, the absence of the uterus is considered a disease, and given that individuals have the right getting cured, it should be considered permissible for this operation, which is in line with the treatment of the disease.
Please cite this article as:
Taghavi N, Abhari H, Omani Samani R. Ethical and Legal Dimensions of Uterus Transplan. Medical Law Journal. 2022; 16(57): e22.
Type of Study: Original Article |
Received: 2021/07/21 | Accepted: 2021/11/7
Received: 2021/07/21 | Accepted: 2021/11/7
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