Analysis of the status and rulings of a child born from artificial insemination from the perspective of Iranian law and Imami jurisprudence

Publish Year: 1402
نوع سند: مقاله کنفرانسی
زبان: English
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PSTCONF13_014

تاریخ نمایه سازی: 2 مرداد 1403

Abstract:

With the advancement of medical knowledge and the possibility of treating infertility through medicine, numerous and complex issues have been raised in the ethical, legal, social and religious fields, which should be addressed by jurists on the one hand, lawyers and social science experts on the other. They should be given a suitable answer, so that a suitable ground is provided for the establishment and compilation of comprehensive and path-breaking laws. Due to the fact that this discussion was not specifically discussed in the jurisprudence books of the advanced jurists, it can be the source of creating various jurisprudential and legal issues. Although in the beginning, some jurists were of the opinion of absolute prohibition of artificial insemination in all forms, and some of the most eminent authorities of taqlid considered even the insemination of a husband's sperm to a legal wife as a place for reflection and problems. However, with the recognition of this issue as legitimate by some other owners of ifta, and considering the lineage of children resulting from artificial insemination as Shariah and legal, many theoretical differences arose that raised new points of view and re-read the Shariah statements. . Therefore, the present article is trying to explain the legal rules of descent related to such people by researching and studying more in jurisprudential and legal sources with descriptive and analytical method and using library resources, and thus while respecting their rights. It should prevent the existence of children without identity and sometimes without a guardian in the society, because by considering the interests of children born from artificial insemination, and considering the lineage of these children as legitimate and legal in all forms of insemination, a big step can be taken in the direction of eliminating discrimination and Preventing future problems in the Islamic society. The obtained results show that the descent of the children resulting from these pregnancy methods is joined to the owners of sperm and egg and includes all the works related to the correct and legitimate descent .

Authors

Zahra Ramezani

Master of Private Law: Corresponding Author

Payan Vahid

PhD Student, criminal law and criminology, Islamic Azad University, Semnan, Iran

Bigdeli Azari Neda

PhD Student, criminal law and criminology, Islamic Azad University, Semnan, Iran