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Dissolution of Artificial Fertility Contracts in Iranian Law; Feasibility and Challenges
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Samaneh Fakhreddin *    |
| Department of Family Law, University of Judicial Sciences and Administrative Services, Branch of Tehran, Iran. |
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Abstract: (290 Views) |
Background and Aim: One of the most important issues related to couples' artificial insemination contracts is whether or not these contracts can be dissolved by one of the legal reasons, i.e. termination, rescission or dissolution. The specific question in this research is whether or not these contracts can be liquidated and if liquidation is possible, what are the rights and obligations of the parties to this contract?
Methods: The current type of research is fundamental, its approach is descriptive-analytical, its method is library study and the means of gathering materials in it is surveying.
Ethical Considerations: Due to the library nature of the research and the lack of direct involvement with human samples, this article has adhered to scientific ethics within theoretical limits.
Results: In response to this result, it should be mentioned that in the stage before the transfer of the embryo with the termination of the contract, the center is entitled to the amount of the obligations that it has fulfilled until the termination of the contract, except in cases where the termination of the contract is attributed to the center. Also, the surrogate mother is also entitled to receive various expenses that she has incurred, except in cases where the termination of the contract is attributed to the will of the surrogate mother or her wife. On the other hand, in the stage before the transfer of the embryo, the center, regardless of whether the gametes or the laboratory embryos are owned, will return them to the owners of the right of dominion (genetic parents) as far as possible, except in cases where it is faced with an ethical obstacle. In the post-embryo transfer stage, in addition to the center's entitlement to the remuneration for its actions, the surrogate mother is entitled to receive the above-mentioned costs. At this stage, the dissolution of the contract is associated with abortion and for example, the termination of the contract happens by consenting the beneficiary (genetic mother or surrogate mother) to the abortion in cases of therapeutic abortion and eliminating the subject of the contract, which It is only for in vitro fertilization contracts, including pregnancy surrogacy contracts.
Conclusion: the effects of termination of surrogacy contract in pregnancy in the post-embryo transfer stage will be more limited than the pre-transfer stage, because the return of the transferred embryo to the uterus at this stage, unlike the pre-transfer stage, is basically excluded. |
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| Keywords: Artificial Insemination, Artificial Insemination Contracts, General Rules of Contracts, Iranian Law, Liquidation |
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Full-Text [PDF 565 kb]
(214 Downloads)
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Type of Study: Original Article |
Received: 2023/10/21 | Accepted: 2024/01/2 | Published: 2024/03/18
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