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URL: http://ijme.tums.ac.ir/article-1-5670-en.html
2- Department of Law and Bioethics, Reproductive Biotechnology Research Center, Avicenna Research Institute, Shahid Beheshti University of Medical Sciences, Tehran, Iran;
3- Department of Law and Bioethics, Reproductive Biotechnology Research Center, Avicenna Research Institute, Shahid Beheshti University of Medical Sciences, Tehran, Iran
The increasing use of infertility treatments has given rise to the issue of filiation of the children conceived through such methods and created serious theoretical challenges. In this regard, it seems necessary to scrutinise the concept of filiation and understand its nature. The main question here would be whether filiation is a biological and natural concept, or a legal and normative one. The present study attempted to explain and criticize both the natural and normative outlooks, and it seems that strong arguments may be put forth in criticism of the former and in defence of the latter.
This study employed an explanatory/analytical method whereby the claims related to the issue were studied, explained, and analysed in a theoretical and philosophical manner. The results showed that with the recent developments in assisted reproductive technologies, the current outlook, which considers filiation to be a biological concept, might give rise to various theoretical as well as moral and legal problems that the biological theory cannot solve. It can be concluded that filiation, as it seems prima facie, is not a purely biological concept and may be established on normative and upbringing bases.
Received: 2016/01/21 | Accepted: 2016/06/14 | Published: 2016/08/3
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