Legal issues related to embryo donation and In vitro fertilization

Donating embryo to couples with infertility has been allowed in the Iran Law pursuant to the embryo donation method Act ratified on 19 May 2013 and Administrative Regulation ratified on 09 Mar 2005. Embryo donation Act in the Iran Legal system is considered as new though and revolution and this new act is in the early administrative stage. So its benefits and disadvantages will be cleared in the future. The present article has studied in the field of legal issues related to embryo donation and In vitro fertilization and also problems of Iran Act in this regard. According to the Article 1 of embryo donation method to couples with infertility Act, specific centers are only allowable to transfer the embryo produced by In vitro fertilization in legal and juridical couples. There are two theories about In vitro fertilization with foreigner s sperm and wife egg that are pointed in the text. In compliance with article 3 of Administrative Regulation of embryo donation to couples with infertility method Act, embryo donation must be performed with written agreement and satisfaction of husbands who donate. Some jurists have stated that contracts that cause exchange of gamete and embryo are canceled and invalid because productions of human body principally do not must be treated property and good and subject of transaction. What is important in the law is rationality and Legitimating of the motivation not its origin. In this case since purpose and motivation is treating infertility through legally so it can be concluded that gamete is exchangeable but about embryo the separation must be allowed: 1- embryo composed of sperm and egg of couple that is maintained in the experimental environment. 2- embryo that is put into the uterus. in regard to the nature of the embryo donation contract division between its different stages must be allowed: the first stage that people deliver their gamete to the remedial centers can be based on the forgiveness, achate contract , peace etc and the second stage that the gamete is inoculated in the laboratory but yet is not placed into the uterus is also same as the first stage and the third stage that the embryo is transferred to the uterus predicating some titles like forgiveness, achate contract, peace etc. disagree with the human dignity and must be known as a private contract in the process of infertile couples treatment. descent of the child resultsed from the embryo transfer, in the Iran law only duties and tasks of couples who receive embryo have been stated in terms of maintenance, training, alimony, respect and they are known as duties of parents. Article 3 of embryo donation to parents method Act, has allowed the receiver couples to custody and training the child. There are some factors In the Islamic law and Fiqh that cause the reverence of matrimony between woman and man including descent, foster, blood familial, etc. that factor of descent and foster find subjectivism in the issue of embryo donation. According to regulation of the civil Cod, applicant husband is responsible for charity in the first stage and then wife is responsible if the husband is not applicant or lack of financial ability. The heredity relationship is just present between the child and sperm and egg holders and the Iran law has not stated about other descent effects. Of cases that must be noted in the Embryo donation method Act are further explanation of children rights resulted from performing this act including descent, alimony etc. method of meeting their costs in case of the couples is dead or occurrence of the divorce, considering some points including method of health Authentication, nationality, parity of donators, registration of embryo holders identity, method of classification and maintaining information of donators and receivers, registering natural identity of the child, the child s right to know about his/her real identity, borrowing uterus and overally reproduction or fertilization for other, transferring embryo after the husband death and administrative obligations and guarantee for regulations of donation and transferring embryo also in the law. We hope the obtained results by this research is effective in modification of regulations and writing essential regulations.

Keywords:

Embryo donation , In vitro fertilization