Volume 6, Issue 4 (Dec 2019 2019)
Health Spiritual Med Ethics 2019, 6(4): 52-58 |
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Dashtizadeh P, Mazloom Rahni A, Rajabzadeh A. Legal and Ethical Challenges of Surrogacy Contracts in Iranian Judicial and Medical System. Health Spiritual Med Ethics 2019; 6 (4) :52-58
URL: http://jhsme.muq.ac.ir/article-1-324-en.html
URL: http://jhsme.muq.ac.ir/article-1-324-en.html
1- Department of Law, Qeshm International Training center-science and Research Branch Islamic Azad University, Qeshm, Iran.
2- Department of Law, Humanities Faculty, Azad Islamic University, Shahr-e-Qods Branch, Tehran, Iran. ,mazloomrahni14 @gmail.com
3- Ph.D. in Private Law, Assistant Professor of Law, Raja Nonprofit University, Qazvin, Iran, Department of Law, Humanities Faculty, Non-Profit University of Raja, Qazvin, Iran.
2- Department of Law, Humanities Faculty, Azad Islamic University, Shahr-e-Qods Branch, Tehran, Iran. ,
3- Ph.D. in Private Law, Assistant Professor of Law, Raja Nonprofit University, Qazvin, Iran, Department of Law, Humanities Faculty, Non-Profit University of Raja, Qazvin, Iran.
Abstract: (3458 Views)
Background and Objectives: Surrogacy is a legal solution to infertility treatment. However, the lack of a clear and rational law has created challenges in the application of this solution. The purpose of this study was to investigate the legal practices and gaps in terms of infertility treatment with surrogacy in Iran.
Methods: This review study utilized documentary method carried out through the assessment of books, articles, uniform judicial precedent votes, and valid judicial procedures.
Results: Use of a surrogacy contract is permissible under civil law. However, the existence of uncoordinated and sometimes unreasonable judicial procedures has caused many problems in practice. According to the evidence, the establishment of commercial or noncommercial contracts, based on the agreement of the infertile couple and the surrogate mother, has resulted in the emergence of a black market and uterine brokers, as well as unusual costs. Failure to issue a certificate for a genetic mother is another legal anomaly that can lead to crime commitment genetic parents can only register by providing evidence regarding their biological relationship with the neonate. On the other hand, the number of surrogacy applicants is higher than surrogate mothers. This results in the use of surrogate mothers over the age of 35 years, which increases the risk of high-risk pregnancy for the mother and fetus. Other challenges in this domain include alimony payment, pregnancy expenses, and the possibility of extortion.
Conclusion: Therefore, the adoption of the same law and procedure, adherence to ethical principles, and rejection of any out-of-contract changes can facilitate infertility treatment, reduce costs for applicants, and satisfy both parts of the surrogacy contract
Methods: This review study utilized documentary method carried out through the assessment of books, articles, uniform judicial precedent votes, and valid judicial procedures.
Results: Use of a surrogacy contract is permissible under civil law. However, the existence of uncoordinated and sometimes unreasonable judicial procedures has caused many problems in practice. According to the evidence, the establishment of commercial or noncommercial contracts, based on the agreement of the infertile couple and the surrogate mother, has resulted in the emergence of a black market and uterine brokers, as well as unusual costs. Failure to issue a certificate for a genetic mother is another legal anomaly that can lead to crime commitment genetic parents can only register by providing evidence regarding their biological relationship with the neonate. On the other hand, the number of surrogacy applicants is higher than surrogate mothers. This results in the use of surrogate mothers over the age of 35 years, which increases the risk of high-risk pregnancy for the mother and fetus. Other challenges in this domain include alimony payment, pregnancy expenses, and the possibility of extortion.
Conclusion: Therefore, the adoption of the same law and procedure, adherence to ethical principles, and rejection of any out-of-contract changes can facilitate infertility treatment, reduce costs for applicants, and satisfy both parts of the surrogacy contract
Type of Study: Original Article |
Subject:
Special
Received: 2019/08/3 | Accepted: 2019/09/14 | Published: 2019/12/1
Received: 2019/08/3 | Accepted: 2019/09/14 | Published: 2019/12/1
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