نوع مقاله: علمی - پژوهشی(حقوق خصوصی)
نویسندگان
1 Professor of Tehran University
2 دانشجوی دکترای حقوق خصوصی دانشگاه قم
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Using surrogacy as one of the new ways of supporting fertility in a
way that the owner of the womb (surrogate mother) does not have any
creational relationship (through ovum) with the child, merely raising
the fetus of another couple and giving birth to it, has attracted the
attention of many infertile couples in Iran. Whether the mother is one
or the other of these two according to customs, law and jurisprudence
has been a matter of discussion and argument among proponents of
either idea. However this article has proved that in case of using
surrogacy-in spite of surrogate mother’s physical relationship with the
child in terms of pregnancy and child birth-, raising the child and his
birth through surrogate mother can not justify a subjective legal
consideration. Whether the unity of criterion in spreading hurma
through breastfeeding is enough to extend the ruling of foster
relationship to the object under question is a controversial topic.
Although the ruling of absence of relationship is not acceptable
morally and naturally, it is plausible through the methodology of
principles of jurisprudence
کلیدواژهها [English]
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