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The Report of Session on “Legal – Jurisprudence review of artificial fertility methods (Sperm Donation)”

Women's rights > Report > The Report of Session on “Legal – Jurisprudence review of artificial fertility methods (Sperm Donation)”

A special meeting on “Legal – Jurisprudence review of artificial fertility methods (Sperm Donation)” that was held with the participation of the experts began with the opening speech of Ms. Khodadadi at the Institute for the Protection of Women’s Rights on 18 Nov, 2018. At the beginning of the meeting, regarding the importance of fertility and artificial fertility methods (Sperm Donation), historically fertility is one of the most important humanitarian issues, and it has been emphasized in religions and especially in Islam”. Ms. Khodadai said. In the following, she described the history of artificial insemination (donated sperm) in ancient Egypt, the Arab (period of ignorance) and in the western countries and then they analyzed the Shiite and Sunni scholars. Ms. Khodadadi stated religious issues in two areas. “There are a number of problems related to the preparation of the issue and some problems relate to the principle of action,” she explained.

she emphasized that jurisprudential theories can be divided into several categories and she presented a detailed description of this discussion. The jurisprudential principles are as follows: The principle of precaution, the presumption of innocence, the permissibility.

In the end section, in two areas, jurisprudential and legal, sperm issues were evaluated separately in three axes genealogy, inheritance and confidentiality.

In the legal review of genealogy, opinions of lawyers are divided into three groups: 1. If there is a doubt about fertility, 2. If you receive sperm from husband and other simultaneously 3. fertilization solely with alien sperm.

Also, Dr. Javadi, as a gynecologist doctor said legal problems related to artificial insemination should be eliminated with the cooperation of legal and medical experts.

Given the need to increase population in the country and also infertility is one of the major causes of divorce in the country, the society needs legal measures in accordance with the teachings of Islam to support the fertility of couples by fertility treatment method. Students and lawyers expressed their questions and opinions following the meeting.

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