A legal research on the responsibility of surrogate mother in custody of child in the laws of Iran

Yadollahi Baghlooei , Abbas; Asadinejad, Seyyed Mohammad

Volume 6, Issue 4 (10-2013) IJMEHM 2013, 6(4): 29-41 | Back to browse issues page

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Yadollahi Baghlooei A, Asadinejad S M. A legal research on the responsibility of surrogate mother in custody of child in the laws of Iran. IJMEHM 2013; 6 (4) :29-41
URL: http://ijme.tums.ac.ir/article-1-5187-en.html

A legal research on the responsibility of surrogate mother in custody of child in the laws of Iran

Abbas Yadollahi Baghlooei ^*

¹, Seyyed Mohammad Asadinejad¹

1- University of Gilan, Rasht, Iran

Abstract: (9260 Views)

Surrogacy is an infertility treatment in which the sperm and egg of couples are mixed in vitro and then transferred to the womb of other woman to grow until the end of pregnancy, and this woman is called the surrogate mother. According to article 1168 of the Iranian civil law, children conceived through surrogacy must remain in custody of their parents like other children, and it is the right and responsibility of the parents to maintain their children. Now what will happen if the surrogate mother refuses to release the baby to his/her parents? Based on the various provisions of the civil law, criminal law and the civil liability act, on the one hand, the surrogate mother is obligated to deliver the baby to the couple, and on the other hand, she will be held liable for any damage or injury to the child should she choose to take custody of the child.

Keywords: surrogate mother, genetic parents, surrogacy

Full-Text [PDF 315 kb] (3301 Downloads)

Type of Study: Review | Subject: Madical law
Received: 2013/10/9 | Accepted: 2013/10/9 | Published: 2013/10/9