From Nature to Nurture; A Brief Study of Comparative Law of Filiation of Children Resulting from Reproductive Methods with the Intervention of a Third Party

Rasekh, Mohammad; Ameri, Faezeh

doi:10.18502/ijme.v15i15.11820

Volume 15, Issue 1 (3-2022) IJMEHM 2022, 15(1): 206-223 | Back to browse issues page

‎ 10.18502/ijme.v15i15.11820

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Rasekh M, Ameri F. From Nature to Nurture; A Brief Study of Comparative Law of Filiation of Children Resulting from Reproductive Methods with the Intervention of a Third Party. IJMEHM 2022; 15 (1) :206-223
URL: http://ijme.tums.ac.ir/article-1-6486-en.html

From Nature to Nurture; A Brief Study of Comparative Law of Filiation of Children Resulting from Reproductive Methods with the Intervention of a Third Party

Mohammad Rasekh ^*

¹, Faezeh Ameri²

1- Head of Bio Law and Ethics Department, Nanobiotechnology Research Centre, Avicenna Research Institute- ACECR, Professor of Law and Philosophy, Department of Public Law and Economic Law, the Faculty of Law, Shahid-Beheshti University, Tehran, Iran
2- Expert of Bio Law and Ethics Department, Nanobiotechnology Research Centre, Avicenna Research Institute- ACECR, Tehran, Iran

Abstract: (1118 Views)

Filiation is one of the important legal issues which has gone under developments during the history of legal system. Over the modern times, along with the emergence of new methods of reproduction particularly those with the help of a third party, legal regulation of filiation of children resulting from such methods has encountered with new challenges. To whom these children are to be filiated? According to one of the traditions, the mother filiation is based on gestation and the father’s one on gamete. The question, however, is that whether these two criteria can regulate the filiation of such children in a consistent and effective manner. A study of laws and regulations of various countries gives us a negative answer. Laws that merely rely on these two criteria for the determination of filiation of those children would give rise to vagueness, undecidedness and uncertainty in this regard. Therefore, the necessity of a new criterion, i.e. that of intention, has been put forth. In this paper, we intend to study efforts made by legislators and judges of different legal systems so as to reach an effective and consistent criterion in this area.

Keywords: Filiation, Criterion of pregnancy, Standard of genetics, Criterion of intention of the couple

Full-Text [PDF 632 kb] (424 Downloads)

Type of Study: Research | Subject: Madical law
Received: 2022/03/16 | Accepted: 2022/09/26 | Published: 2022/03/21