Volume 3, Issue 10 (Autumn 2009)                   MLJ 2009, 3(10): 81-118 | Back to browse issues page

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Aboutalebi Z. A study on the Fundamental Parental Theories. MLJ. 2009; 3 (10) :81-118
URL: http://ijmedicallaw.ir/article-1-457-en.html
Abstract:  

Although considerable developments in reproductive technologies made it possible to solve the problem of sterility, it posed some questions in the areas of Islamic jurisprudence, law, philosophy, ethics and sociology. Solving these problems seems to be even more difficult than those caused by sterility. One of these questions is the relationship of the child and his/her parents. In other words, it is the response to a question: Who is the parent of the child who is bored as a result of technologies related to sterility therapy? Studying the theories presented in this field and choosing one out of four following choices in Iranian legal system are very important. Genetic-based, pregnancy-based, intent-based and cause-based theories. A number of Iranian couples refer to special clinics and there will be number babies who will be borne through such technologies. Studying the viewpoints of Islam and Iranian legal system about geneology, the author of the present article, reviewed the literature of parental relationship. She studied the viewpoints of advocates and opponents in each approach and then chose the cause-intent-based approach as the best one.


Received: 2016/03/20 | Accepted: 2016/03/20

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