Department of Jurisprudence and Fundamentals of Islamic Law and member of the Young Researchers Club, Javan Imam Khomeini (RA) Shahr Ray Unit, Islamic Azad University, Tehran, Iran
Abstract: (253 Views)
Background and Aim: Today, in parallel with the emergence of new human technologies, new challenges have arisen for various legal, medical, social, etc. fields. Among the emerging phenomena is the issue of cloned children, which is increasing with the policy of increasing birth rates in low-population societies or with the desire of couples incapable of having children to reproduce. Since the phenomenon of child cloning is not unprecedented, many of its consequences in various fields require prediction and preparation of solutions and responses; including whether cloning is acceptable in terms of legal rules or not? And assuming acceptance, to whom is the issue of the origin and lineage of the cloned child attributed and who is responsible for his rights? The present study seeks to answer this important question using a descriptive-analytical method and, by utilizing medical data, tries to find the opinion of domestic and international legal rules in this field.
Method: The present writing has collected, described and analyzed research findings and data related to the subject using a library method.
Results:It seems that cloning is done through various methods such as artificial insemination, embryo donation, surrogate uterus, etc., each of which has a different ruling from the point of view of jurists and legislators. Also, the attitude of Iranian law to the famous jurisprudential opinion, the method of production, since the paternal guardianship is not assigned to anyone, the assignment of the child to the owners of the cells is not recognized, while international law, especially in European countries such as England, France and Germany, has accepted and formalized the guardianship of the cloned child. Conclusion: Therefore, given the increase in cloned embryos in today's society, the issue requires review and development of legal channels. Please cite this article as:
Keykavosi SM. Nikfarjam Z. Feizi aghdas A. Jafari ghazi Jahani M. Cloned Child in Iranian and International Law. Child Rights Journal. 2024; 5(20): 1-16.
keykavosi S M, Nik Farjam Z, Feizi Aqdas A, Jafari Ghazi Jahani M. The Cloned Child in Iranian and International Law. Child Rights 2024; 5 (20) :1-16 URL: http://childrightsjournal.ir/article-1-202-en.html