Difference between revisions of "Iran"
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|Treaty of Lisbon=n/a | |Treaty of Lisbon=n/a | ||
|Introduction= | |Introduction= | ||
| − | |Key laws and policies=* The “Law of Embryo Donation to Infertile Couples” | + | |Key laws and policies=* The “Law of Embryo Donation to Infertile Couples” was approved by the Iranian Parliament in 2003 and has been operative since 2005. (Note: Once the law was approved by the parliament, the law was sent to the Guardian Council to decide whether such laws were based on Islamic principles. The Guardian Council endorsed the Act governing embryo donation, and the law became fully operative in 2005.) |
|Foundational values= | |Foundational values= | ||
| − | |Prohibited practices= | + | |Prohibited practices='''Research Cloning''' |
Research on human cloning is prohibited, but embryonic stem cell research using embryos left over from fertility treatment is permitted. | Research on human cloning is prohibited, but embryonic stem cell research using embryos left over from fertility treatment is permitted. | ||
| − | |Permitted and regulated practices= | + | |Permitted and regulated practices='''Embryo Donation''' |
| − | According to “Law of Embryo Donation to Infertile Couples” | + | According to “Law of Embryo Donation to Infertile Couples” and its bylaw (approved in 2005), embryo donation is permitted in Iran under certain conditions: |
| − | * It must take place in | + | * It must take place in specialized and authorized centers for infertility treatment. |
* Donor couples must be legally married and be in a proper state of physical and mental health. | * Donor couples must be legally married and be in a proper state of physical and mental health. | ||
* The donation must be voluntary and free of charge. | * The donation must be voluntary and free of charge. | ||
| − | * The recipients must be infertile married couples and Iranians who have previously submitted their mutual request to the Civil Court | + | * The recipients must be infertile married couples and Iranians who have previously submitted their mutual request to the Civil Court. |
* Recipients must be the same religion as the donor couple. | * Recipients must be the same religion as the donor couple. | ||
| − | + | Note: Embryo is defined as "the egg fertilized outside the uterus" and should be obtained from legally married couples within five days of the fertilization procedure. (The donated embryo may be fresh or frozen.) | |
| − | + | '''Surrogacy''' | |
* There is not a specific law governing surrogacy although a proposed bill is under consideration. | * There is not a specific law governing surrogacy although a proposed bill is under consideration. | ||
| − | * In the absence of a codified law, it is possible to seek advice from authentic fatwas and legitimate Islamic resources (Article 167 of Constitution) as well as the law for embryo donation and other general laws to resolve disputes concerning surrogacy. | + | * In the absence of a codified law, it is possible to seek advice from authentic fatwas and legitimate Islamic resources (Article 167 of Constitution), as well as the law for embryo donation and other general laws to resolve disputes concerning surrogacy. |
| − | * Clinics | + | * Clinics that offer such alternative treatments have their own internal policies, which include mutual consent between the infertile couple and the surrogate women and her husband, if she is married. The regulations do not prohibit paying the surrogate. The intended mother is recognized as the child’s mother, and the birth certificate is issued under the names of the intended mother and her husband, and is not delivered to the surrogate women. |
| − | * In addition there has been some suggestion that a surrogacy contract might be accepted pursuant to Article 10 of the Iranian Civil Act 1928. (See Amir Samavati Pirouz | + | * In addition there has been some suggestion that a surrogacy contract might be accepted pursuant to Article 10 of the Iranian Civil Act 1928. (See Amir Samavati Pirouz, Ph.D. and Nassrin Mehra, Ph.D. "Legal Issues of a Surrogacy Contract Based on Iranian Acts." June 2011, 5(2) ''Journal of Family and Reproductive Health'', pp41-50. (Available at http://journals.tums.ac.ir/.) |
| − | + | '''Legal Parentage''' | |
* It is still considered that the true parents of the child (pedar va madar-e hokmi) are the providers of the egg and sperm, and not the recipients of the embryo (infertile parents). | * It is still considered that the true parents of the child (pedar va madar-e hokmi) are the providers of the egg and sperm, and not the recipients of the embryo (infertile parents). | ||
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* In the case of surrogacy and embryo transfer, a few Shia authorities consider a reciprocal inheritance between the child and the woman who gives birth to the child (Garmaroudi Naef, “Gestational Surrogacy,” pp. 168-69). | * In the case of surrogacy and embryo transfer, a few Shia authorities consider a reciprocal inheritance between the child and the woman who gives birth to the child (Garmaroudi Naef, “Gestational Surrogacy,” pp. 168-69). | ||
| − | * This leads to secrecy about the child’s status. (See below regarding information for the child | + | * This leads to secrecy about the child’s status. (See below regarding information for the child.) |
| − | + | '''Information for Child''' | |
* Socially, the withholding of information from the child is supported as a way to avoid the laws and sharia of the child being able to claim inheritance from the donors or birth mother. | * Socially, the withholding of information from the child is supported as a way to avoid the laws and sharia of the child being able to claim inheritance from the donors or birth mother. | ||
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| − | + | '''Other References/Notes/Papers/Websites''' | |
| − | + | Global IVF (Website): | |
* Some clinics offer egg donors. | * Some clinics offer egg donors. | ||
* Sperm donation is not permissible but some clinics do offer it when medically necessary to a married couple. | * Sperm donation is not permissible but some clinics do offer it when medically necessary to a married couple. | ||
* Embryo donation is permitted by law. | * Embryo donation is permitted by law. | ||
| − | * Some clinics offer on-site surrogates although there does not appear to be any laws regulating surrogacy | + | * Some clinics offer on-site surrogates, although because there does not appear to be any laws regulating surrogacy, it is not recommended. Source: http://globalivf.com/directory/laws/iran/). |
|Regulatory activities= | |Regulatory activities= | ||
|Accountability and governance= | |Accountability and governance= | ||
