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Analyzing the Descendants of Children Born of Fertility with the Help of a Third Party
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Mohammad Javad Heidarian Dolatabadi *    |
| Department of International Law, Faculty of Law and Political Sciences, Kharazmi University, Tehran, Iran. |
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Abstract: (26 Views) |
Background and Aim: The study of pediatric pedigrees arising from artificial insemination with the help of a third party is one of the new subjects in the field of knowledge of law. Since in general three factors can be effective in realizing a fertility, one does not exist among the couples when one of these three factors asks for a succession; it is understood that, with the help of a third party, the missing factor among There are couples; that agent is available. These triple factors, each of which may be completed by a third party, include sperm, ovolum and uterus (the spawning site). In surveys among valid sources of jurisprudence and fatwa, what is the basis for the child's attachment to his parents; the sperm and ovol are male and female, composed of the spermatogenesis and ovulus, the primary spleen of the child. Therefore, in this type of artificial fertility, if a third person is a sperm or ovulus sperm, then the sperm or ovole owner is considered to be his or her parent.
Methods: This research employs a descriptive-analytical approach, utilizing Islamic jurisprudential sources, legal texts and authoritative fatwas to examine the lineage of children born through artificial insemination involving a third party. Data has been collected through library research and analyzed accordingly.
Ethical Considerations: The study adheres to ethical principles of academic research, including integrity in citations, impartiality in analyzing different viewpoints and respect for Islamic legal and jurisprudential foundations. Additionally, ethical and social sensitivities related to artificial insemination have been carefully considered.
Results: The research indicates that, in Islamic jurisprudence, a child's lineage is primarily attributed to the man and woman who provide the sperm and ovum. When a third party is involved in the artificial insemination process, legal and jurisprudential challenges arise in determining the child's lineage. The most significant challenges include inheritance rights, custody and the child's legal and religious identity.
Conclusion: Artificial insemination using a third party’s sperm or ovum creates various legal and jurisprudential ambiguities in determining the child's lineage. Given the significance of this issue in Islamic societies, clear and specific laws must be established to define the lineage and rights of children born through this method. Furthermore, raising awareness and considering ethical and religious aspects in this matter are essential. |
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| Keywords: Medical Fertility, Artificial Insemination, Sperm, Ovol, Uterus, Third Party, Relative Relationship |
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Full-Text [PDF 465 kb]
(11 Downloads)
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Type of Study: Original Article |
Received: 2024/09/22 | Accepted: 2025/01/10 | Published: 2025/02/3
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