Children's maintenance due to dedication of embryo and superseded womb
Journal Title: Journal of Science and today’s world - Year 2016, Vol 5, Issue 12
Abstract
Tolerance and default have no reasonable logic against new problems of this area according to the importance of family and its role in organizing human societies and Islamic recommendation about family's safeguarding and consistency. One of these assumptions is dedication of embryo or superseded womb or surrogacy and children's maintenance. It also involves born baby although it is belonged to spouses and sperm owner by womb renting or superseded womb or surrogacy based on Islamic jurisprudence rule of the child belong to the marriage bed (presumption of legitimacy). Substituted mother get pregnant for scoring the embryo of other spouses in the process of superseded womb. She is obliged to hand over the baby to the owners of sperm and eggs. A baby who is born by these methods has rights as any other baby. These rights are pecuniary or non- pecuniary rights. One of the pecuniary rights of baby is maintenance. Since the number of these babies is increasing, review and detailed explanation of the pecuniary rights of babies cause the legislature to enact a comprehensive law based on interests of society and needs of this group of babies in order to prevent the future problems. Of course, the babies who born by these methods has civil rights as babies born by natural fertilization. It is necessary to address their rights since the process of their fertilization to birth and even then. So, this paper tries to explain Islamic jurisprudence judgments of babies born by dedication of embryo and superseded womb or surrogacy especially these babies by research and further study of Islamic jurisprudence and legal resources and prevent the existence of anonymous children and sometimes orphans in community by observing their rights. A conclusion and some recommendations are presented finally in safety legislation for implementing the goals, legal vacuum resolution and clarifications.
Authors and Affiliations
zahra mahmudi ,abutalebe khorshidiyn, hoseine rahimi khojaste
Keywords
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