Background: Gestational SURROGACY is a recent revolutionary subject in assisted reproductive technology (ART) with profound effects on religious, legal, ethical and societal matters. Since enacting the law in this matter could efficiently handle challenges and prevent subjective inclinations, the authors of this study wished to suggest the adoption of a particular Iranian law on the subject, regarding the different legal systems worldwide.Methods: In this article, effort has been made to conduct a comparison between the Gestational SURROGACY Law of Illinois, USA and some other similar resources with those of Iranian laws and regulations.Results: SURROGACY laws in some countries like India and Australia have been drafted but only in the Illinois, USA it has been signed into law. Drawing a crude comparison between the limited existing laws and regulations on SURROGACY reveals small structural differences but a bulk of similarities among them. Despite its novelty and regardless of any specific law, SURROGACY practices have been made possible in Iran due to the utilization of common rules and observation of Fatwa issued by clerics in this regard. Conclusion: Aside from religious rules, SURROGACY laws meet a rational basis and they have been evolved to address societal needs and seem justifiable enough to be applicable for a general Iranian law preparation.

Introduction: Practice of gestational SURROGACY, in which the surrogate mother is not the biological contributor of the egg, has attracted the attention of many infertile married couples in Iran as a solution to infertility, and among the majority of Shiite legal authorities, it is an accepted form of assisted reproduction.Materials & Methods: Data used in this paper has been drawn from a larger study undertaken in Tehran, Iran in 2006 for the author’s master’s degree. Ethnographic methods for research were used in infertility centers and clinics, e.g. in-depth interviews with surrogates and intended parents, with medical doctors and counselors, and interviews with Islamic scholars as well as many hours of participant observation in different infertility clinics in Tehran. This paper discusses the process by which surrogate mothers in their social environments participate in SURROGACY arrangements. The way they redefine the process of making kinship in the field of assisted reproduction to fit their decision into a moral and religious framework and to achieve their respective goals_ altruism, financial interests, gift exchange or reproduction_ enable them to reshape definitions of pregnancy, motherhood and the process of conception in their respective social contexts. Evaluating local knowledge and decision making processes and the role they play, are important issues in finding legitimate solutions to transform SURROGACY from a controversial issue into a normative concept in infertility treatments.

Introduction: SURROGACY is one of the important new reproductive technosciences that contributes to medicalization of motherhood, providing an alternative method to natural fertility as well as a resolution to infertility. According to sociologists, medicalization is a multidimensional process by which natural and non-medical problems or conditions become defined, treated and managed as medical problems, using specialized vocabulary, professional approaches, particular instruments and interventions techniques. Reviewing socially constructed nature of SURROGACY and its various social aspects and implications, this article shows how SURROGACY serves to turn motherhood, a natural and vital experience in women’s life, to the growing process of medicalization.Materials & Methods: This paper seeks to provide a sociological analysis of the constructionist nature and implications of SURROGACY by reviewing the body of knowledge and literature developed in sociology. Drawing on the notion of medicalization , the paper is to show how SURROGACY has contributed and continues to contribute to the medicalization of motherhood.Results: Sociological analyses show that the alternative methods to natural fertility or new paths to cure infertility including SURROGACY are socially constructed and have numerous and far-reaching sociological aspects and implications. The novel technosciences like SURROGACY play a central role in dealing with, redefinition and accordingly construction of human problems and experiencees. SURROGACY, inter alia, introduces the new form of medicalization of motherhood by blurring the distinction between what is natural and what is made by mankind on the subject of motherhood. Conclusion: Like most of new medical and reproductive technosciences, SURROGACY provides a new configuration of women’s lives and motherhood in particular that can be primarily characterized by medicalization or transformation of motherhood into jurisdiction of medicine.

Infertility is a family problem in all around the world. One solution for this problem is the use of SURROGACY. Today, due to advances in medical sciences, various methods have been developed by doctors in reproduction and using these methods; have attempted to reproduce in laboratory. But despite these advances, reproductive medicine is not enabling to find suitable environment for the growth of the fetus from the uterus and that's why using the SURROGACY is one of the major achievements in the field of assisted reproductive technology. This method is an assisted reproductive technology of using IVF. Using this method is not restricted to women without a uterus and is used in many cases. Confusion about the nature of the SURROGACY contract is one of the obstacles to the implementation of this contract. As a result, identify the nature of this contract is of utmost importance. There is no legal text about the nature of this contract. Therefore, to determine the nature of this contract shall be referred to the general principles of law and legal and jurisprudence resources. It seems that the nature of SURROGACY contract does not fit in special type of contracts, such as hire, lending, ji’ala or contract of reward and, etc. Hence, according to article 10 of the Iranian civil code (known as the principle of contract freedom) can be accepted. But, all aspects of SURROGACY contracts cannot be determined by agreement of all parties and some of the forces are applied. Most significantly is the relationship of the contract that is an involuntary case.

Background and Aim: In the current Iranian society, following of increasing in infertility for various reasons, conclusion of SURROGACY contract has followed an upward trend. Consequently, the contract and the issues related to it, especially its dissolution and especially the Natural Termination of the contract, have become doubly important. In the near future, disputes between the main parties to the contract about the Natural Termination or survival of the contract, due to lack of legal resources will become one of sensitive, crucial and, of course, common litigations in courts. Materials and Methods: The current research makes clear various cases of natural termination by the analytic-descriptive approach. Method of data collection is library and has been written by referring to books and articles. Results: SURROGACY contracts divide in two stages, before and after embryo transfer, in which the embryo what kind of nature has in each step, it would be effective in the cases and causes of natural termination of the above mentioned contract. Indeed, in the stage of post-embryo transfer, the subject of the contract changes to the human being and we are encountering to the person character and the necessity to preserve human embryonic life at this stage require us to change our approach about the causes of natural termination and examine them in a different way. Ethical considerations: At all stages of writing this research, authenticity of texts, honesty and fidelity have been observed. Conclusion: Eventually, it should be said that before embryo transfer, the contract to be rescind in due to the various causes, including parties death, and or termination of juridical person, interdiction, divorce, transgender, involuntary destruction of subject of contract and insertion of dissolving condition but it just causes natural termination of contract, it is resolved which is due to the abortion happened in the stage of after embryo transfer. Therefore, the instances of the natural termination of SURROGACY contract in the stage of pre-embryo transfer are more extended after embryo transfer.

Recent advances in reproductive technologies have transformed the way people look at having children. Childless couples need not, and do not perceive their life a cursed one, thanks to the increasing practice of donor insemination, egg donation, in vitro fertilization, embryo transfer, SURROGACY and its acceptance. SURROGACY is now a viable clinical option for childless couples. The two practices Egg donation and SURROGACY or contract pregnancy as some prefer to call it, raise very different ethical issues along with payment for SURROGACY.It has become evident that it is generally the socio-economically marginalized women who agree to act as surrogates due to the financial benefit it entails. This not only puts these already-vulnerable women in situations where their bodies may be exploited for the benefit of other people, but also jeopardizes their physical and mental health, thus making them ‘objects of reproduction’. Donors should not be paid for their eggs, but rather they should be compensated for the burdens of egg retrieval. Making the distinction between compensation for burdens and payment for a product has the advantages of limiting payment, not distinguishing between donors on the basis of their traits, and ensuring that donors are paid regardless of the number or quality of eggs retrieved.India is a hot destination for SURROGACY because not only does it have a lot of successful IVF SURROGACY patients and good doctors there are a lot of women who are ready to be surrogates. The cost is the most beautiful part. Where the process takes about $60,000 in U.S, it is done is as much as $3000 in India. Who won’t take this offer up? Who won’t want to have a child in their arms after trying for years?