Title:A Comparative Approach to the Legitimacy of Uterine Surrogacy in Jurisprudence in Iran and Some Muslim Countries in the Middle East, A Systematic Review
Volume: 21
Issue: 2
Author(s): Sahar Parvizi and Fatemeh Ghodrati*
Affiliation:
- Department
of Islamic Jurisprudence and Law, Hazrat-e- Masoumeh University, Qom, Iran
Keywords:
Artificial, insemination, comparative rights, surrogacy, infertility, children.
Abstract:
Background: A surrogate uterus is one of the methods of artificial reproduction in the
treatment of infertility that has profound consequences in religion, law, ethics and society and is
done with the intervention of a third party. This research provides a general overview of jurisprudential
legitimacy in the field of surrogacy in some Middle Eastern countries (Turkey, Lebanon,
Egypt, Syria, Iraq, Saudi Arabia, and Palestine) in comparison to Iran in order to fill the research
gap as much as possible.
Objective : A comparative approach to the legitimacy of uterine surrogacy in jurisprudence in Iran
and some Muslim countries in the Middle East.
Method: This review article was conducted from November 2022 to April 2023 in order to examine
the comparative rights of surrogacy in Iran and some Middle Eastern countries from studies
published between 1970-2021 in the reliable database and other jurisprudential texts.
Results: The majority of Sunni Muslim countries have announced the prohibition of surrogacy
and the invalidity of contracts concluded in this regard. In Iran, with religious permission, it has
had more social acceptance, and jurists and jurists prescribe surrogacy contracts. However, the legislator's
silence in this regard will have an effect on the emergence of different procedures in different
regions of Iran.
Conclusion: Basically, increasing the adoption and implementation of surrogate pregnancy in different
societies of the Middle East requires more jurisprudential and legal efforts. So that the couples
involved in this type of fertility and the children born are kept safe from possible harm.
