The Study of Lineage and Privacy of the Child Resulting from Gamete and Embryo Donation in Islamic Jurisprudence and Iranian Law

Mohammad Moradi; Ehsan Heydari Motlagh

doi:doi:10.11648/j.ss.20140305.11

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The Study of Lineage and Privacy of the Child Resulting from Gamete and Embryo Donation in Islamic Jurisprudence and Iranian Law

Mohammad Moradi, Ehsan Heydari Motlagh

Published in Social Sciences (Volume 3, Issue 5)

Received: 5 August 2014 Accepted: 9 September 2014 Published: 20 September 2014

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Abstract

The embryo donation has been studied by many scientists and practitioners after the approval of the act of the embryo donation to infertile couples in 1382. The main question posed here is concerned with the lineage and intimacy status of this donation for the child and also “to whom does the child belong”? To answer this question this result was obtained that in Iranian law, the complete assignment of the child to the applicant couple has not been accepted. Iranian law is also silent on lineage field. But from jurisprudents point of view and regarding verses and traditions, the child’s original parents are the owners of ovule and sperm and also about the lineage of the owner of uterus, she is the child’s “consented” mother. If the child is a girl as she is served as the father’s stepdaughter, he would be confident to the child. The objective of this study was to clarify the child lineage induced by embryo donation with donors and receivers in Iranian law. To write this thesis, a library method has been used. At the end of the writing some recommendations have been proposed that are useful to solve some of the present and future problems.

Published in	Social Sciences (Volume 3, Issue 5)
DOI	10.11648/j.ss.20140305.11
Page(s)	144-152
Creative Commons	This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.
Copyright	Copyright © The Author(s), 2014. Published by Science Publishing Group

Keywords

Confidence, Embryo Donation, Lineage, Recommendation, Respect or Permit

References

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APA Style

Mohammad Moradi, Ehsan Heydari Motlagh. (2014). The Study of Lineage and Privacy of the Child Resulting from Gamete and Embryo Donation in Islamic Jurisprudence and Iranian Law. Social Sciences, 3(5), 144-152. https://doi.org/10.11648/j.ss.20140305.11

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Mohammad Moradi; Ehsan Heydari Motlagh. The Study of Lineage and Privacy of the Child Resulting from Gamete and Embryo Donation in Islamic Jurisprudence and Iranian Law. Soc. Sci. 2014, 3(5), 144-152. doi: 10.11648/j.ss.20140305.11

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Mohammad Moradi, Ehsan Heydari Motlagh. The Study of Lineage and Privacy of the Child Resulting from Gamete and Embryo Donation in Islamic Jurisprudence and Iranian Law. Soc Sci. 2014;3(5):144-152. doi: 10.11648/j.ss.20140305.11

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@article{10.11648/j.ss.20140305.11,
  author = {Mohammad Moradi and Ehsan Heydari Motlagh},
  title = {The Study of Lineage and Privacy of the Child Resulting from Gamete and Embryo Donation in Islamic Jurisprudence and Iranian Law},
  journal = {Social Sciences},
  volume = {3},
  number = {5},
  pages = {144-152},
  doi = {10.11648/j.ss.20140305.11},
  url = {https://doi.org/10.11648/j.ss.20140305.11},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ss.20140305.11},
  abstract = {The embryo donation has been studied by many scientists and practitioners after the approval of the act of the embryo donation to infertile couples in 1382. The main question posed here is concerned with the lineage and intimacy status of this donation for the child and also “to whom does the child belong”?  To answer this question this result was obtained that in Iranian law, the complete assignment of the child to the applicant couple has not been accepted. Iranian law is also silent on lineage field. But from jurisprudents point of view and regarding verses and traditions, the child’s original parents are the owners of ovule and sperm and also about the lineage of the owner of uterus, she is the child’s “consented” mother. If the child is a girl as she is served as the father’s stepdaughter, he would be confident to the child. The objective of this study was to clarify the child lineage induced by embryo donation with donors and receivers in Iranian law. To write this thesis, a library method has been used. At the end of the writing some recommendations have been proposed that are useful to solve some of the present and future problems.},
 year = {2014}
}

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TY - JOUR
T1 - The Study of Lineage and Privacy of the Child Resulting from Gamete and Embryo Donation in Islamic Jurisprudence and Iranian Law
AU - Mohammad Moradi
AU - Ehsan Heydari Motlagh
Y1 - 2014/09/20
PY - 2014
N1 - https://doi.org/10.11648/j.ss.20140305.11
DO - 10.11648/j.ss.20140305.11
T2 - Social Sciences
JF - Social Sciences
JO - Social Sciences
SP - 144
EP - 152
PB - Science Publishing Group
SN - 2326-988X
UR - https://doi.org/10.11648/j.ss.20140305.11
AB - The embryo donation has been studied by many scientists and practitioners after the approval of the act of the embryo donation to infertile couples in 1382. The main question posed here is concerned with the lineage and intimacy status of this donation for the child and also “to whom does the child belong”? To answer this question this result was obtained that in Iranian law, the complete assignment of the child to the applicant couple has not been accepted. Iranian law is also silent on lineage field. But from jurisprudents point of view and regarding verses and traditions, the child’s original parents are the owners of ovule and sperm and also about the lineage of the owner of uterus, she is the child’s “consented” mother. If the child is a girl as she is served as the father’s stepdaughter, he would be confident to the child. The objective of this study was to clarify the child lineage induced by embryo donation with donors and receivers in Iranian law. To write this thesis, a library method has been used. At the end of the writing some recommendations have been proposed that are useful to solve some of the present and future problems.
VL - 3
IS - 5
ER -

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Author Information

Mohammad Moradi

Department of Private Law, Islamic Azad University, Sirjan Branch, Iran
Ehsan Heydari Motlagh

Department of Private Law, Islamic Azad University, Sirjan Branch, Iran

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APA Style

Mohammad Moradi, Ehsan Heydari Motlagh. (2014). The Study of Lineage and Privacy of the Child Resulting from Gamete and Embryo Donation in Islamic Jurisprudence and Iranian Law. Social Sciences, 3(5), 144-152. https://doi.org/10.11648/j.ss.20140305.11

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ACS Style

Mohammad Moradi; Ehsan Heydari Motlagh. The Study of Lineage and Privacy of the Child Resulting from Gamete and Embryo Donation in Islamic Jurisprudence and Iranian Law. Soc. Sci. 2014, 3(5), 144-152. doi: 10.11648/j.ss.20140305.11

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AMA Style

Mohammad Moradi, Ehsan Heydari Motlagh. The Study of Lineage and Privacy of the Child Resulting from Gamete and Embryo Donation in Islamic Jurisprudence and Iranian Law. Soc Sci. 2014;3(5):144-152. doi: 10.11648/j.ss.20140305.11

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@article{10.11648/j.ss.20140305.11,
  author = {Mohammad Moradi and Ehsan Heydari Motlagh},
  title = {The Study of Lineage and Privacy of the Child Resulting from Gamete and Embryo Donation in Islamic Jurisprudence and Iranian Law},
  journal = {Social Sciences},
  volume = {3},
  number = {5},
  pages = {144-152},
  doi = {10.11648/j.ss.20140305.11},
  url = {https://doi.org/10.11648/j.ss.20140305.11},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ss.20140305.11},
  abstract = {The embryo donation has been studied by many scientists and practitioners after the approval of the act of the embryo donation to infertile couples in 1382. The main question posed here is concerned with the lineage and intimacy status of this donation for the child and also “to whom does the child belong”?  To answer this question this result was obtained that in Iranian law, the complete assignment of the child to the applicant couple has not been accepted. Iranian law is also silent on lineage field. But from jurisprudents point of view and regarding verses and traditions, the child’s original parents are the owners of ovule and sperm and also about the lineage of the owner of uterus, she is the child’s “consented” mother. If the child is a girl as she is served as the father’s stepdaughter, he would be confident to the child. The objective of this study was to clarify the child lineage induced by embryo donation with donors and receivers in Iranian law. To write this thesis, a library method has been used. At the end of the writing some recommendations have been proposed that are useful to solve some of the present and future problems.},
 year = {2014}
}

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