Volume 16 - Special Issue on Legal Developments
MLJ 2022, 16 - Special Issue on Legal Developments: 217-227 |
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Mehdipour M, Rasouli M. Jurisprudential Investigation of the Relationship of Privacy Due to Embryo Donation. MLJ 2022; 16 :217-227
URL: http://ijmedicallaw.ir/article-1-1597-en.html
URL: http://ijmedicallaw.ir/article-1-1597-en.html
1- Department of Law, Ilam Branch, Islamic Azad University, Ilam, Iran., Islamic Azad university
2- Department of Private Law, Ilam Branch, Islamic Azad University, Ilam, Iran.
2- Department of Private Law, Ilam Branch, Islamic Azad University, Ilam, Iran.
Abstract:
Background and Aim: Embryo donation, so to speak, is the transfer of the embryo resulting from the extrauterine insemination of the third couple's sperm into the applicant's womb, who for some reason is not capable of reproduction. Mutual respect is spoken, but an important issue such as the confidential relationship that is created as a result of this donation has remained silent, which can cause problems in the future. According to medical theories, the origin of the embryo is egg and sperm, so there is no doubt in assigning the donated embryo to the donor couple, but what is the subject of question and controversy is the relationship that the donated embryo has with the donor couple, or in other words, their biological parents. This article, which is written with a descriptive and analytical method, examines different theories and it is concluded that among the different jurisprudential and medical theories, the theory that the child is basically attributed to the donor couple, but in the case of the donor couple The recipient is in the status of a foster child in relation to the woman who owns the uterus and in the status of her godmother in relation to the husband of the woman who owns the womb; It is the most acceptable theory.
Method: The research method is descriptive-analytical using library resources.
Ethical Considerations: In the upcoming research, it has been done by maintaining the originality of the content and respecting the principle of fairness and trustworthiness.
Results: In this article, it can be seen that according to medical theories, the origin of the embryo is the egg and sperm. Therefore, there is no doubt in assigning the donated embryo to the donor couple, but what is the subject of question and dispute is the clarification of the legal position of the parties (donor and recipient) in this legal act and the legal relationship between the donor couple and the donor couple as a result of the legal act of donating the donated embryo. Or, in other words, the parents find their birth certificate, which recognizes the fetus as a gifted object, the one who gives the fetus is the donor and the one who receives the fetus is the one who receives the fetus.
Conclusion: Among the different jurisprudential and medical theories, this theory that basically the child is attributed to the donor couple, but in the case of the donor couple, the woman who owns the womb is considered as a foster child and the husband of the woman who owns the womb is considered as her foster child, among all the theories. This theory is the most acceptable theory.
Please cite this article as:
Mehdipour M, Rasouli M. Jurisprudential Investigation of the Relationship of Privacy Due to Embryo Donation. Medical Law Journal. 2022; 16(Special Issue on Legal Developments): e16.
Method: The research method is descriptive-analytical using library resources.
Ethical Considerations: In the upcoming research, it has been done by maintaining the originality of the content and respecting the principle of fairness and trustworthiness.
Results: In this article, it can be seen that according to medical theories, the origin of the embryo is the egg and sperm. Therefore, there is no doubt in assigning the donated embryo to the donor couple, but what is the subject of question and dispute is the clarification of the legal position of the parties (donor and recipient) in this legal act and the legal relationship between the donor couple and the donor couple as a result of the legal act of donating the donated embryo. Or, in other words, the parents find their birth certificate, which recognizes the fetus as a gifted object, the one who gives the fetus is the donor and the one who receives the fetus is the one who receives the fetus.
Conclusion: Among the different jurisprudential and medical theories, this theory that basically the child is attributed to the donor couple, but in the case of the donor couple, the woman who owns the womb is considered as a foster child and the husband of the woman who owns the womb is considered as her foster child, among all the theories. This theory is the most acceptable theory.
Please cite this article as:
Mehdipour M, Rasouli M. Jurisprudential Investigation of the Relationship of Privacy Due to Embryo Donation. Medical Law Journal. 2022; 16(Special Issue on Legal Developments): e16.
Type of Study: Original Article |
Received: 2023/01/29 | Accepted: 2023/05/10
Received: 2023/01/29 | Accepted: 2023/05/10
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