پژوهش‌نامه حقوق اسلامی (Feb 2010)

Conventional Regulations of Surrogate Child in relation to Succession and Maintenance

  • aasef hamdollahi,
  • behzad poorsayyed

DOI
https://doi.org/10.30497/law.2012.1254
Journal volume & issue
Vol. 10, no. 2
pp. 189 – 243

Abstract

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There is a rule for every act in the holy religion of Islam. The issue of surrogacy and affiliation of the surrogate child is among the issues rules of which should be determined. The present article merely touches the conventional rules of the surrogate child in relation to succession and maintenance. One of the questions here is whether the surrogate child shares the estate after the demise of its father along with other heirs. The issue of the inheritance of the frozen embryo is also among the issues worthy of study due to its relation with the succession of surrogate children. Another issue worthy of discussion is whether the embryo in the womb of the surrogate mother is entitled to maintenance. The present article is an attempt to provide good responses to the above questions and other relevant ones based on jurisprudential and legal foundations as well as juridical views of Muslim Jurisprudents and legal doctrines.

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