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   embryo donation law in iran and some challenges in determining the rights of donated children: a review  
   
نویسنده ghodrati fatemeh ,tayebi naeimeh
منبع journal of iranian medical council - 2024 - دوره : 7 - شماره : 3 - صفحه:400 -413
چکیده    Islamic republic of iran has provided a legal framework for embryo transfer so that fertility becomes possible with third party intervention. the use of this method of fertility as well as its effects and rules are subject to cultural, social and religious factors. the brief nature of the embryo donation law indicates the lack of adequate measures for the child's future. the present study aimed to review the embryo donation law in iran and some challenges in determining the rights of the child. this study employed a library, descriptive and analytical method and is based on shia jurisprudence and law books. by using the keywords of donation, alimony, custody, and inheritance, various aspects of the embryo donation law have been investigated. article 3 of the embryo donation law considers the duties and responsibilities of the couples who donate the embryo and the born child in terms of maintenance, alimony and being mahram (. an unmarriageable kin in islamic sharia legal terminology), similar to the duties and responsibilities of children and parents. however, the important issues of lineage and inheritance are not considered. neither it elaborates compliance with the principle of confidentiality and the non-identification of the genetic parents, the coercive guardianship of the father, and the prohibition of marriage (being mahram). there is neither enough clarity about the method of evaluating the recipient couple's moral competence, the limit of the number of gamete donations, alimony, or custody. it is necessary to explain the kinship and genetic inheritance, amend birth certificate registration law, specify the rejection of anonymity to prevent the phenomenon of mixing lineage based on shia jurisprudence, or to add new materials to this law.
کلیدواژه child ,confidentiality ,embryo disposition ,embryo transfer ,fertility ,germ cells ,iran
آدرس hazrat-e- masoumeh university, department of islamic jurisprudence and law, iran, tehran university of medical sciences, school of nursing and midwifery, iran. bam university of medical sciences, department of midwifery, iran
پست الکترونیکی nhtayebi@outlook.com
 
     
   
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