Legal Effects of Gamete Transfer Contracts (Egg and Sperm)
Subject Areas : Medical law
1 - General practitioner, private law faculty member, law department, Ahrar Institute of Technology and Higher Education, Rasht, Iran.
Keywords: Law, Gamete, Contract, Fertility.,
Abstract :
Nowadays, many infertile couples around the world have become parents through assisted reproductive technologies. In this study, we aim to examine the jurisprudential and legal aspects of artificial insemination, as our legal system is rooted in jurisprudence and without addressing its fundamental principles, it becomes difficult to establish legal rights for them. Therefore, in the jurisprudential examination, we first address the issue of permissibility or prohibition of using these artificial insemination methods, and then examine the legal status of these methods that determine the lineage of these children, and finally discuss the legal rights and obligations of the parties involved in the artificial insemination contract, as determining the child's lineage will clarify other issues such as custody and guardianship. New fertility or artificial insemination is a therapeutic approach that was developed in the late twentieth century to treat infertility in couples. This therapeutic method began in 1765 and eventually led to the treatment of infertility in humans, and among the methods used in this regard is the use of a surrogate or second husband's womb to place the fetus for growth until the moment of birth.
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