Paper Information

Journal:   MEDICAL FIGH QUARTERLY   FALL 2015-WINTER 2016 , Volume 7 , Number 24-25; Page(s) 101 To 132.
 
Paper: 

LEGAL AND JURISPRUDENCE STUDY OF INHERITANCE RIGHTS OF CHILDREN BORN BY DONATED EMBRYO

 
 
Author(s):  MAHDAVIKANI SEDIQE, ZABIHI BIDGOLI ATEFE, HAMZEKHANI SOMAYE
 
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Abstract: 

Upon the birth of every human being who comes into existence in the nature, some legal rights are supposed, nonetheless the use of the current laws on the children born by the natural conception cannot respond to many fundamental questions about the children's rights subject to the artificial insemination. In the present article, we attempt to provide a rational response via the review of the legal and jurisprudence resources as many questions have arisen on the topic of the inheritance of such children.
In respect to the explanation of the inheritance status of the children, the accession criteria should be defined as one of the inheritance fundamentals, the qualification of the inheritance circumstances, the qualification of the absence of any barrier of inheritance, and finally the mandatory status of each of the different types of the artificial insemination by the donated embryo shall be a necessity (resulting from sperm donation, egg donation and both donations by stranger).
Finally, subject to the assignment of the children to the sperm/egg owners and the lack of any relationship between the child and the receiver father/mother, the legislature should provide some measures in order to avoid any deprivation of the child from the inheritance rights (in accordance with the Donor Anonymity Act), thereby the stipulation of the parent's inheritance obligations will be essential in favor of the child as a part of their properties.

 
Keyword(s): INHERITANCE, ACCESSION, SPERM DONATION, EGG DONATION, EMBRYO
 
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