Background
Despite the meager role
of the masculine agent in infertility (the low number of infertile men than
women infertile), there are men whose wives are unable to become pregnant due
to the absence of sperm, decreased numbers of sperm or lack of sufficient motile
sperm. Utilizing donated sperm is a method that enables these families to have
children. The use of this method prompts us to ask different questions, among
which is the quality of the child’s relation to the sperm donor, the sterile
man and his wife. In this research we intend to study the issue of lineage of
those who use heterogeneous insemination.
Materials and Methods
This
analytical-descriptive research gathered relevant data in a Literature search.
After a description of the fundamentals and definitions, juridical texts were
subsequently analyzed and one of the viewpoints regarding lineage related to
infertility treatment by donated sperm was selected.
Results
There are three persons
that have a possible legal relationship to the child born from this method -the
sperm donor (biological father), the wife’s husband (social father) and the
wife (mother). In treating infertility with donated sperm, there is neither a
third party to make the possibility of attribution of the child nor is there a
doubt that the child is the result of insemination of the woman’s egg with the
donated sperm rather than the husband’s sperm as he has a lack of sperm.
Conclusion
The child born by
heterogeneous insemination only has a relation with the sperm donor and the
woman contributing her egg. This child is eligible for all parental rights and
obligations. These children are not related to the sterile man.
Full article at: http://goo.gl/YfjU9t
By: Saeid Nazari Tavakkoli, Ph.D*
Department of
Jurisprudence and Essentials of Islamic Law, Faculty of Theology and Islamic
Studies, Tehran University, Tehran, Iran
* Corresponding Address:Department of Jurisprudence and
Essentials of Islamic Law, Faculty of Theology and Islamic Studies, Tehran
University, Tehran, Iran, Email:ri.ca.tu@ilokkavatns
More at: https://twitter.com/hiv_insight
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