Volume 15, Issue 56 (4-2021)
MLJ 2021, 15(56): 847-855 |
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Sahraei Ardakani M, Khodayar H, Honarvar M. Recognition of religious necessities of registration and access to gamete and embryo donation information. MLJ 2021; 15 (56) :847-855
URL: http://ijmedicallaw.ir/article-1-1420-en.html
URL: http://ijmedicallaw.ir/article-1-1420-en.html
1- Department of Jurisprudence and Fundamentals of Islamic Law, Faculty of Humanities and Social Sciences, Ardakan University, Ardakan, Iran
2- Department of Jurisprudence and Fundamentals of Islamic Law, Faculty of Theology and Islamic Studies, Sistan and Baluchestan University, Zahedan, Iran
3- Faculty of Humanities and Social Sciences, Ardakan University, Ardakan, Iran
2- Department of Jurisprudence and Fundamentals of Islamic Law, Faculty of Theology and Islamic Studies, Sistan and Baluchestan University, Zahedan, Iran
3- Faculty of Humanities and Social Sciences, Ardakan University, Ardakan, Iran
Abstract:
Background and Aim: In today's world, with the advancement of science, it is possible to fertilize infertile couples by using different methods. Some of these methods are carried out with the intervention of a person or persons other than the couple and through the donation of gametes (sperm or eggs) and the fetus. In the past, in various legal systems, this donation has been done anonymously and confidentially, and the registration or anonymity of the information of this donation has been disputed by medical and legal experts. The laws of many countries today tend to require the registration of information and access to it, but the rules of the Iranian legal system in this area, in addition to being ambiguous and having shortcomings, tend to favor anonymity.
Materials and Methods: This paper has been compiled with an analytical approach, adopted a documentary method and drew on library resources.
Results: This study, by examining the evolution of the legal systems of countries in this field and also examining the main arguments of proponents and opponents of information registration, has rationally proved the necessity of information registration and access to it.
Ethical considerations: The whole article has been compiled by adhering to the ethical principle of honesty and observing the principle of fidelity.
Conclusion: Based on the criteria of Islamic jurisprudence, including the need to preserve natural rights based on lineage, the need for caution in observing sexual limits and preventing the intermixing of genealogical lines, and the need to agree with the intention of the Shari'a, this study has concluded that religion requires information registration in order to protect the rights of the child born in urgent cases. Therefore, a fundamental revision of domestic regulations is inevitable.
Cite this article as: Sahraei Ardakani M, Khodayar H, Honarvar M. Recognition of religious necessities of registration and access to gamete and embryo donation information. Medical Law Journal 2021; 15(56): e53.
Materials and Methods: This paper has been compiled with an analytical approach, adopted a documentary method and drew on library resources.
Results: This study, by examining the evolution of the legal systems of countries in this field and also examining the main arguments of proponents and opponents of information registration, has rationally proved the necessity of information registration and access to it.
Ethical considerations: The whole article has been compiled by adhering to the ethical principle of honesty and observing the principle of fidelity.
Conclusion: Based on the criteria of Islamic jurisprudence, including the need to preserve natural rights based on lineage, the need for caution in observing sexual limits and preventing the intermixing of genealogical lines, and the need to agree with the intention of the Shari'a, this study has concluded that religion requires information registration in order to protect the rights of the child born in urgent cases. Therefore, a fundamental revision of domestic regulations is inevitable.
Cite this article as: Sahraei Ardakani M, Khodayar H, Honarvar M. Recognition of religious necessities of registration and access to gamete and embryo donation information. Medical Law Journal 2021; 15(56): e53.
Type of Study: Original Article |
Received: 2021/05/3 | Accepted: 2021/09/25
Received: 2021/05/3 | Accepted: 2021/09/25
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