LEGAL DISCUSSIONS ON SURROGATE MOTHERHOOD
Journal Title: Journal of International Health Sciences and Management - Year 2015, Vol 1, Issue 1
Abstract
The surrogate motherhood and IVF (test-tube baby) practice has currently reached an advanced level and people who are not allowed to pregnancy for medical reasons, look at positively the surrogate motherhood. The surrogacy is permitted worlwide in many countries like USA except in New Jersey, Michigan and Arizona states). Georgia, Thailand, India, Belgium, England, Brazil, some countries of Africa. It is banned in Germany, Sweden, Italy and Norway. In Turkey, The Presidency of Religious Affairs has given a permission that there is no harm in IVF method. Although the practice of surrogacy seem to be as an aid to couples without children, it has some legal, social and psychological problems, such as, the status of child, her/his custody, moral degradation in society, degrading the human dignity and emotional problems of the child and surrogate mother. The Islamic jurists made surrogate motherhood is impermissible due to generating problems of cultural, religious, juristical, individual and social, On the otherhand, Twelver Shia jurisprudence have accepted surrogacy within the frame of mutah marriage. Based on the five principles of conservation of life, protection of generation, protection of intelligence, protection of property and protection of the religion, the over all the Islamic jurists have forbidden all types of surrogacy and artificial fertilization with aggreement. This applications must be controlled to some extent by the competent governmental authorities throuhout the world and some regulations should be introduced for this.
Authors and Affiliations
Yılmaz FİDAN
Keywords
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