Volume 19, Issue 60 (4-2025)
MLJ 2025, 19(60): 798-811 |
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Abdollahi Narenjbon M, Bozorgmehr A A. Transfer of Surrogacy Contract in the Legal Systems of Iran and Egypt. MLJ 2025; 19 (60) :798-811
URL: http://ijmedicallaw.ir/article-1-1911-en.html
URL: http://ijmedicallaw.ir/article-1-1911-en.html
1- Department of Law, Faculty of Law, Edalat University, Tehran, Iran.
2- Department of Private Law, North Tehran Branch, Islamic Azad University, Tehran, Iran.
2- Department of Private Law, North Tehran Branch, Islamic Azad University, Tehran, Iran.
Abstract:
Background and Aim: In the last two decades, the mechanism of surrogacy has been established to treat infertility, which has full legal legitimacy. The surrogate mother may not be able to continue the pregnancy for some reasons. In this case, she must either abort the fetus, or give birth prematurely, which again has two options for the parents of the fetus. Either by using the machine, they can witness his development, or in a new method, they place the fetus in the second surrogate mother's womb, which is a difficult method and is possible for the fetus to be less than four months old.
Method: This research was conducted in an analytical-descriptive way and its purpose was to examine the legitimacy of the surrogacy contract in Islamic jurisprudence and law and to compare it with a similar case in Egypt.
Ethical Considerations: This research is written entirely within the framework of ethics, Sharia and the principles and rules of research in the science of law.
Results: Transferring a surrogate mother contract is a difficult but feasible practice and due to the existing risks, it should be limited to essential cases. If there is no need to do it, it is not correct to do it according to the jurisprudential rule of harmlessness. In a situation where the threat of abortion by the surrogate mother is not criminalized, the first surrogate mother has the ability to impose her conditions on the parents of the fetus. Although, according to the rules of transferring the contract, the cost of this procedure is the responsibility of the first surrogate mother; however, considering the preservation of the fetus's health, in the event of non-payment of the cost, the parents of the fetus are required to prepare and pay for it. In the current situation where this procedure is not well known, until the Ministry of Health prepares a technical mechanism for this matter, it is advisable to prohibit it; however, it is necessary for the Ministry of Health to take action as soon as possible to formulate its technical frameworks and based on that, relevant legal sources are also formulated and then approved.
Conclusion: The final result is that from the point of view of the jurists of the four Sunni schools, which is the result of the interpretation of the jurisprudence rules of harm, hardship and harm, obscenity and building rationality, this practice has legitimacy. Imamiyyah jurists do not consider it permissible due to obligatory caution and lack of comment from the Ministry of Health regarding embryo transfer. It seems that after the approval of the Ministry of Health, the license for this operation will be issued. However, in the absence of a guardian for the supervision of the womb rental, the lack of deterrent punishment for threatening abortions and the lack of a standard form of womb rental contracts; The parents of the fetus are in a weak position in this situation. It is necessary to establish a codified law and monitor this case, under special conditions where there is a possibility of damage to the surrogate mother's health, to allow the transfer of the contract and provide sufficient guarantees in this regard.
Please cite this article as:
Abdollahi Narenjbon M, Bozorgmehr AA. Transfer of Surrogacy Contract in the Legal Systems of Iran and Egypt. Medical Law Journal. 2025; 19: e53.
Method: This research was conducted in an analytical-descriptive way and its purpose was to examine the legitimacy of the surrogacy contract in Islamic jurisprudence and law and to compare it with a similar case in Egypt.
Ethical Considerations: This research is written entirely within the framework of ethics, Sharia and the principles and rules of research in the science of law.
Results: Transferring a surrogate mother contract is a difficult but feasible practice and due to the existing risks, it should be limited to essential cases. If there is no need to do it, it is not correct to do it according to the jurisprudential rule of harmlessness. In a situation where the threat of abortion by the surrogate mother is not criminalized, the first surrogate mother has the ability to impose her conditions on the parents of the fetus. Although, according to the rules of transferring the contract, the cost of this procedure is the responsibility of the first surrogate mother; however, considering the preservation of the fetus's health, in the event of non-payment of the cost, the parents of the fetus are required to prepare and pay for it. In the current situation where this procedure is not well known, until the Ministry of Health prepares a technical mechanism for this matter, it is advisable to prohibit it; however, it is necessary for the Ministry of Health to take action as soon as possible to formulate its technical frameworks and based on that, relevant legal sources are also formulated and then approved.
Conclusion: The final result is that from the point of view of the jurists of the four Sunni schools, which is the result of the interpretation of the jurisprudence rules of harm, hardship and harm, obscenity and building rationality, this practice has legitimacy. Imamiyyah jurists do not consider it permissible due to obligatory caution and lack of comment from the Ministry of Health regarding embryo transfer. It seems that after the approval of the Ministry of Health, the license for this operation will be issued. However, in the absence of a guardian for the supervision of the womb rental, the lack of deterrent punishment for threatening abortions and the lack of a standard form of womb rental contracts; The parents of the fetus are in a weak position in this situation. It is necessary to establish a codified law and monitor this case, under special conditions where there is a possibility of damage to the surrogate mother's health, to allow the transfer of the contract and provide sufficient guarantees in this regard.
Please cite this article as:
Abdollahi Narenjbon M, Bozorgmehr AA. Transfer of Surrogacy Contract in the Legal Systems of Iran and Egypt. Medical Law Journal. 2025; 19: e53.
Keywords: New Reproductive Methods, Transfer of Contract, Surrogate Mother, Iranian Legal System, Egyptian Legal System
Type of Study: Original Article |
Received: 2024/12/30 | Accepted: 2025/04/27
Received: 2024/12/30 | Accepted: 2025/04/27
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