نوع مقاله : مقاله پژوهشی
1 حقوق خصوصی واسلامی،دانشکده حقوق وعلوم سیاسی،دانشگاه تهران
2 دانشکده حقوق و علوم سیاسی دانشگاه تهران
عنوان مقاله [English]
In spite of the fact that the possibility of dissolving the surrogacy contract is essentially doubtful, we are pursuing the current research, assuming that such an option has been provided. The effects of the dissolving the surrogacy contract differ according to the cases of dissolution and different embryonic stages. For example, it can be said that based on the embryo what kind of nature has in each step, and whether if it would be effective in the effects of dissolution and responsibilities borne by each of the parties to the contract.
Therefore, in explaining the subject of research, after compliance the effects of dissolution with the general rules of contracts, the extent of their following to each of the embryonic stages of the general rules should be examined, in this way, while organizing the relations of the parties to the contract, each party identifies the responsibilities they are facing.
In this research by the analytic-descriptive approach, we conclude that the effects of dissolving the surrogacy contract at each stage of the embryo are greatly adapted to the general rules of the contracts, but its follow-up in the stage of post-embryo transfer would be more limited before embryo transfer. Because, due to the relation between dissolution of the mentioned contract and abortion after the transfer to the womb, the return of the transmitted embryo to the womb as one of the effects of this contract, in contrast to the pre-embryo transfer stage, is essentially discarded.