Legal Review of Surrogacy

Family and the need to have children are among the emotional and expedient rights that are recognized for each couple according to each society. Fertilization or pregnancy in the course of human history has always been natural and without the intervention of external factors, and based on what was realized until a few decades ago, any couple who were incapable of natural fertility and fertilization were considered infertile, but advances in modern science Medicine and the development of its tools have led to the occurrence of some natural complications that prevent some couples from being able to conceive naturally and go through the process of natural reproduction, in some ways treating themselves and the background To provide for childbearing and pregnancy experience (Behjati Ardakani, 2001).
According to biology, there is a gap of about seven days from the time of fertilization to the beginning of its replacement in the uterus, and this is the beginning of the fetus in the uterus and pregnancy, and if this does not happen, small infertility has occurred.
Of course, regardless of the identification and introduction of infertility syndromes that are different in men and women, in the discussion of artificial insemination, there are different types, which can be called intrauterine and extra uterine fertilization.
Rental uterus or surrogate uterus is a very popular term. In this case, the man and woman have fertility, but the woman has a problem with the structure of her uterus or no uterus at all. Therefore, this woman's egg is adjacent to her husband's sperm, and after the formation of an embryo in another woman's uterus, this embryo is replaced and returns to the arms of its original parents after birth.
The uterus of some women is not able to go through pregnancy and carry the couple's fetus for various reasons, but it generally lacks the problem of insemination. In this case, the couple asks another woman to keep the fetus in her womb for nine months of pregnancy during a contract, and in short, this process is called surrogate mother, rented mother, or nursemaid. The subject of a rented mother, as mentioned, has no history of narration in the past of Shiite jurisprudence, but there are bubbles - I mean problems - of this subject about fertilization and pregnancy of a woman who was married and had husband but also she was lesbian, or narrations about adultery and The quality and the reasons for it can be visualized. Given the above, the importance of research on the subject of rented uterus is clear. In this article, we will look for a rented womb in Iranian jurisprudence and law.
Uterine rental is one of the methods of artificial insemination or in vitro fertilization, which is the most controversial type of artificial insemination according to the principles of our legal jurisprudence. This debate has very wide dimensions that always make the legal community to be more interested in research and study on understanding the various aspects of this issue and the effects and rulings that are imposed on it.