Paper Information

Journal:   PAYESH   OCTOBER 2007 , Volume 6 , Number 4; Page(s) 365 To 371.
 
Paper: 

A STUDY ON THE INHERITANCE OF CHILDREN BORN THROUGH DONOR GAMETE (SPERM, OVUM, OR BOTH)

 
Author(s):  GHEBLEEI KH.*
 
* EIGHTH FLOOR, SAMT ORGANIZATION, YADEGARE IMAM BRIDGE, JALAL AAL AHMAD HIGHWAY, TEHRAN, IRAN
 
Abstract: 

Objective(s): The opening part of the paper includes discussions on the following topics: I. History of donor gamete (sperm) insemination. 2. Definition of gamete donation, and its types. 3. Requirements of inheritance, and its conditions and restrictions. 4. Definition of relation: relation in literal usage, in common custom and practice, and in law and Sharia. Different types of gamete donation are mentioned and the inheritance of children born this way is examined. The following questions are addressed in this section: First, who are the legal parents of children born through donor gametes: the donors of the sperm and ovum, or the host and her husband? Second, does inheritance hold between them and their mothers' fathers or other ancestors? Thirds, as in certain types of gamete donation a lineage cannot be established and neither the man nor the wife (womb owner) bear any relation to the embryo, what rules do apply as far as inheritance, maintenance (nafaqa), and child custody are concerned? Fourth, if the man in the above example divorces his wife made pregnant through donor gamete, who will be legally bound to the maintenance during the waiting period of three months (known as eddah)? The assumption is that the contributors of the sperm and ovum are act known. In answering these questions, we have drawn on Islamic jurisprudential sources (the Quran, the Prophet's tradition, and literal meanings of the terms.
Conclusion: The views of Islamic jurisprudents, and jurists, for and against, and their arguments are examined. The opinions of respected contemporary sources of emulation, and jurisprudents are included in the concluding part of the paper.

 
Keyword(s): GAMETE DONATION, FILIATIONS, INHERITANCE, MAINTENANCE MONEY, SURROGACY
 
References: 
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