Legal and ethical challenges of surrogacy contracts termination in Iranian healthcare system
Dublin Core
Title
Legal and ethical challenges of surrogacy contracts termination in Iranian healthcare system
Author
Dashtizadeh, Parvin
Rahni, Alireza Mazloom
Estahbanati, Alireza Rajab Zadeh
Rahni, Alireza Mazloom
Estahbanati, Alireza Rajab Zadeh
Language
English
Publication Date
20190900
Abstract
Background and Objectives: Surrogacy is a challenging method of infertility treatment. In ethical domain, the value and dignity of a woman should be maintained despite the manipulative nature of surrogacy practice. The absence of strict letter of the law on surrogacy contracts has posed legal and ethical challenges to Iranian juridical and medical system. The purpose of the present study was to shed some lights on the challenges surrounding surrogacy contract termination.
Methods: This descriptive-analytical study utilized documentary method carried out through the assessment of books, articles, uniform judicial precedent votes, and valid judicial procedures.
Results: Establishment and termination of surrogacy contract is legitimate and subjected to the public codes of contracts, according to article 10 of civil law and Faqihs’ verdicts. The absence of any written and consistent law code has resulted in myriad of challenges in juridical and ethical domains of contracts. Surrogate mother's economic need and a huge number of child applicant couples create a situation for contractors abuse and commercialization of agreement. Surrogacy contract allows for both automatic and non-automatic termination. In this regard, the juridical and ethical challenges usually increase in the latter when the surrogate mother, genetic parents, or treatment center change their minds and decide to give up the practice.
Conclusion: Technological innovations in medical science have opened up new horizons to human beings. Enactment of new law codes with ethical consideration can be an effective approach to infertility treatment through surrogacy and a powerful deterrent to ethical and juridical challenges arising from the termination of this kind of contract.
Methods: This descriptive-analytical study utilized documentary method carried out through the assessment of books, articles, uniform judicial precedent votes, and valid judicial procedures.
Results: Establishment and termination of surrogacy contract is legitimate and subjected to the public codes of contracts, according to article 10 of civil law and Faqihs’ verdicts. The absence of any written and consistent law code has resulted in myriad of challenges in juridical and ethical domains of contracts. Surrogate mother's economic need and a huge number of child applicant couples create a situation for contractors abuse and commercialization of agreement. Surrogacy contract allows for both automatic and non-automatic termination. In this regard, the juridical and ethical challenges usually increase in the latter when the surrogate mother, genetic parents, or treatment center change their minds and decide to give up the practice.
Conclusion: Technological innovations in medical science have opened up new horizons to human beings. Enactment of new law codes with ethical consideration can be an effective approach to infertility treatment through surrogacy and a powerful deterrent to ethical and juridical challenges arising from the termination of this kind of contract.
Primary Classification
14.2
Secondary Classification
14.2 ; 1.3.8
Primary keywords
contracts [pri]; surrogate mothers [pri]
Secondary keywords
judicial role; legal rights; medical ethics; reproductive technologies
Subject
Iran
Journal Article
Health, Spirituality, and Medical Ethics 2019 September; 6(3); 53-60
Link for Internet access
Note
Creative Commons Attribution-Non Commercial 4.0 International License.
Primary Document Type
j
Subject Captions
n
Bibliography
26 refs.
ISSN
23224304 (print); 23833610 (online)
Collection
Citation
“Legal and ethical challenges of surrogacy contracts termination in Iranian healthcare system,” Islamic Medical & Scientific Ethics, accessed January 16, 2025, https://imse.ibp.georgetown.domains/items/show/38070.