Comparative Study of the Relationship Between Family Law and Medical Law in the Regulation of Embryo Donation: A Focus on Legal Responsibilities and Challenges

Document Type : Original Article

Authors

1 Master’s student in Private Law, Department of Private Law, Faculty of Law, Political Science, and Foreign Languages, Islamic Azad University, Mashhad Branch, Iran.

2 , Department of Private Law, Faculty of Law, Islamic Azad University, Mashhad Branch, Iran

3 Department of Private Law, Faculty of Law, Political Science, and Foreign Languages, Islamic Azad University, Mashhad Branch, Iran

4 , Department of Private Law, Faculty of Law, Islamic Azad University, South Tehran Branch, Iran

10.48308/jlr.2024.238005.2825

Abstract

This research conducts a comparative analysis of the relationship between family law and medical law concerning the regulation of embryo donation, with a focus on the legal responsibilities and challenges within the Iranian legal system. Embryo donation has emerged in recent years as a treatment option for infertile couples in Iran, spurred by advancements in medical technologies. However, it faces numerous legal, jurisprudential, and social challenges. The aim of this study is to analyze these challenges and propose solutions to improve the existing legal framework and regulatory mechanisms in the country.



The research utilizes qualitative methods and document analysis, along with fieldwork to collect data from relevant stakeholders, including legal professionals, medical experts, and infertile couples. The findings reveal that while embryo donation is legally accepted in Iran, significant challenges persist, such as the absence of a comprehensive legal framework, lack of adequate executive guidelines, and legal ambiguities regarding the rights and obligations of the parties involved. The 2003 Law on Embryo Donation, while outlining some conditions for embryo donation, remains insufficient due to the lack of detailed executive guidelines.



This study emphasizes the need for legal reform to address these challenges, including the creation of precise executive regulations and greater attention to the jurisprudential and ethical issues surrounding embryo donation. It also suggests the establishment of effective regulatory bodies to ensure the protection of the rights of all parties involved, particularly infertile couples, medical professionals, and healthcare institutions.

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Articles in Press, Accepted Manuscript
Available Online from 28 December 2024
  • Receive Date: 22 December 2024
  • Revise Date:
  • Accept Date: 28 December 2024