Volume 15, Issue 56 (4-2021)
MLJ 2021, 15(56): 261-281 |
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Safari M, Shahini M. Natural Termination of Surrogacy Contract. MLJ 2021; 15 (56) :261-281
URL: http://ijmedicallaw.ir/article-1-985-en.html
URL: http://ijmedicallaw.ir/article-1-985-en.html
1- Department of Private Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran
2- Department of Private Law, Faculty of Law and Political Science, Oloum Tahghighat Branch, Islamic Azad University, Tehran, Iran
2- Department of Private Law, Faculty of Law and Political Science, Oloum Tahghighat Branch, Islamic Azad University, Tehran, Iran
Abstract:
Background and Aim: In the current Iranian society, following of increasing in infertility for various reasons, conclusion of Surrogacy contract has followed an upward trend. Consequently, the contract and the issues related to it, especially its dissolution and especially the Natural Termination of the contract, have become doubly important. In the near future, disputes between the main parties to the contract about the Natural Termination or survival of the contract, due to lack of legal resources will become one of sensitive, crucial and, of course, common litigations in courts.
Materials and Methods: The current research makes clear various cases of natural termination by the analytic-descriptive approach. Method of data collection is library and has been written by referring to books and articles.
Results: Surrogacy contracts divide in two stages, before and after embryo transfer, in which the embryo what kind of nature has in each step, it would be effective in the cases and causes of natural termination of the above mentioned contract. Indeed, in the stage of post-embryo transfer, the subject of the contract changes to the human being and we are encountering to the person character and the necessity to preserve human embryonic life at this stage require us to change our approach about the causes of natural termination and examine them in a different way.
Ethical considerations: At all stages of writing this research, authenticity of texts, honesty and fidelity have been observed.
Conclusion: Eventually, it should be said that before embryo transfer, the contract to be rescind in due to the various causes, including parties death, and or termination of juridical person, interdiction, divorce, transgender, involuntary destruction of subject of contract and insertion of dissolving condition but it just causes natural termination of contract, it is resolved which is due to the abortion happened in the stage of after embryo transfer. Therefore, the instances of the natural termination of surrogacy contract in the stage of pre-embryo transfer are more extended after embryo transfer.
Cite this article as: Safari M, Shahini MR. Natural Termination of Surrogacy Contract. Medical Law Journal 2021; 15(56): e16.
Materials and Methods: The current research makes clear various cases of natural termination by the analytic-descriptive approach. Method of data collection is library and has been written by referring to books and articles.
Results: Surrogacy contracts divide in two stages, before and after embryo transfer, in which the embryo what kind of nature has in each step, it would be effective in the cases and causes of natural termination of the above mentioned contract. Indeed, in the stage of post-embryo transfer, the subject of the contract changes to the human being and we are encountering to the person character and the necessity to preserve human embryonic life at this stage require us to change our approach about the causes of natural termination and examine them in a different way.
Ethical considerations: At all stages of writing this research, authenticity of texts, honesty and fidelity have been observed.
Conclusion: Eventually, it should be said that before embryo transfer, the contract to be rescind in due to the various causes, including parties death, and or termination of juridical person, interdiction, divorce, transgender, involuntary destruction of subject of contract and insertion of dissolving condition but it just causes natural termination of contract, it is resolved which is due to the abortion happened in the stage of after embryo transfer. Therefore, the instances of the natural termination of surrogacy contract in the stage of pre-embryo transfer are more extended after embryo transfer.
Cite this article as: Safari M, Shahini MR. Natural Termination of Surrogacy Contract. Medical Law Journal 2021; 15(56): e16.
Type of Study: Original Article |
Received: 2020/02/24 | Accepted: 2020/05/27
Received: 2020/02/24 | Accepted: 2020/05/27
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