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Posthumous reproduction in Iranian law
Elaheh Mohseni1, Mahmoud Abbasi2
1Department of Law, Mashhad Branch, Islamic Azad University, Mashhad, Iran.
Reproductive Biomedicine & Society Online
|March 1, 2021
Summary
Posthumous reproduction (PHR) is controversial in Iran due to unclear laws. Current legislation is insufficient, requiring legislative clarity for the legal status of children born via PHR.
Area of Science:
- Reproductive Law
- Bioethics
- Family Law
Background:
- Posthumous reproduction (PHR) utilizes assisted reproductive technology after a parent's death.
- Global ethical and legal frameworks for PHR vary significantly.
- Iranian law lacks explicit statutes governing PHR and its implications.
Purpose of the Study:
- To examine the legality of posthumous reproduction in Iran.
- To analyze the legal consequences of PHR on a child's family status under Iranian law.
- To identify legislative gaps and controversies surrounding PHR in Iran.
Main Methods:
- Descriptive-analytical research methodology.
- Review of Iranian legislation, specifically the Embryo Donation Act 2003.
- Analysis of juristic opinions (fuqahâ) and relevant case law.
Main Results:
- Iranian law, including the Embryo Donation Act 2003, lacks explicit provisions for PHR.
- Significant controversy exists among Iranian jurists and jurisconsults regarding PHR.
- Court decisions on PHR have been inconsistent, highlighting legal ambiguity.
Conclusions:
- Current Iranian legislation is inadequate to address the complexities of PHR.
- There is a pressing need for legislative clarity to govern PHR and protect the child's best interests.
- While some support PHR during the idda period, concerns about child welfare may necessitate prohibition or strict limitations.
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