Document Type : Research Paper
Authors
1
Associate Professor, Department of Private Law, Kharazmi University, Tehran, Iran
2
Ph.D Candidate in Private Law, Kharazmi University, Tehran, Iran
10.22034/law.2025.64298.3425
Abstract
Medical fertility as one of the new technologies has been widely welcomed by infertile couples in recent decades. While the application of this new technology has faced many challenges, which sometimes the legal system has sometimes not provided an adequate answer. One of the serious problems is the non-financial effects of medical fertility treatments, the most important of which are lineage, guardianship, and guardianship. Now, if a mistake happens in the process of infertility treatment, the legal status of the non-financial effects of medical fertility will face more serious challenges. Examining the legal response to the leading ambiguities in other legal systems, including France, can be a way forward. Therefore, using the descriptive-analytical method and the library method, legal solutions to resolve the ambiguity of the non-financial effects of medical fertility in case of occurrence of error. The parentage of a child resulting from a donation in the French legal system is based on agreement and is different from Iran, and the natural (biological) parentage is the criterion in Iran, and in case of a mistake, the natural parentage is unchangeable, but the agreed parentage can undergo changes, which the point of view Natural lineage has a double match with medical science and the nature of lineage. Forced guardianship in Iran is reserved for fathers and grandfathers, and if the natural father is unknown, forced guardianship is also ruled out, and alternative institutions such as guardianship are considered; However, in France, the consensual abbot system of the donor parents is the rule, which can be continued in the event of a mistake, the consensual abbot can continue, and in case the child is not accepted, guardianship can be proposed by other support institutions. According to Article 3 of the law on the method of embryo donation, the custody is the responsibility of the donor couple, and the same is the rule in French law, and in the event of a mistake in the case of the donor's refusal to accept the child, this is the responsibility of the support institutions, which in French law are far more protective authorities. Children are numerous and more advanced.
Keywords
Main Subjects
)