Inheritance of children born from embryo donation and surrogacy
Journal Title: Journal of Science and today’s world - Year 2016, Vol 5, Issue 12
Abstract
Use of home treatment for overcoming the fertility difficulty of barren spouses is increasing in light of medical progress. Tolerance and negligence against new problems of this area is not logic rationally accordance to importance of family and its role in forming human societies and Islamic recommendations about its preservation , protection and survival. One of these subjects is dedication of embryo and superseded womb. Although, born baby belongs to spouses and sperm owner by renting womb or dedicated womb in accordance the Islamic jurisprudence rule of the child belongs to the marriage bed (presumption of legitimacy) and the embryo which is formed in laboratory is transferred to the applicant wife during medical treatments, the substituted mother become pregnant to fruition other spouses embryo in surrogacy and she is obligated to deliver the baby to sperm and egg owners. A baby which is born by these methods, has some rights as other babies. These rights are pecuniary and non-pecuniary rights. One of these pecuniary rights is inheritance. Reviewing and detailed explanation of pecuniary rights of children born by these methods (which is increasing) cause the legislator prevent most of the future problems by enactment of a comprehensive law based on social interest and needs of this group of babies. Babies born by these methods have civil law as other babies born by natural fertilization in accordance the legal and Islamic law principles. Observing their rights is necessary from pregnancy to birth and even after it. So, the present paper tries to explain inheritance judgments of babies born by dedication of embryo and superseded womb by more studying the legal and Islamic jurisprudence references. So, observing their rights prevents existence of anonymous and orphans in society. At last, this paper presents some recommendations and conclusions about legislation in order to redress legal ambiguities and gaps.
Authors and Affiliations
zahra mahmudi, abutalebe khorshidiyn, hoseine rahimi khojaste
Keywords
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