Jurisprudential and Legal Study of the Relationship between Surrogate Mother and the Child Born of Surrogacy

Abstract

Using surrogacy as one of the new ways of supporting fertility in away that the owner of the womb (surrogate mother) does not have anycreational relationship (through ovum) with the child, merely raisingthe fetus of another couple and giving birth to it, has attracted theattention of many infertile couples in Iran. Whether the mother is oneor the other of these two according to customs, law and jurisprudencehas been a matter of discussion and argument among proponents ofeither idea. However this article has proved that in case of usingsurrogacy-in spite of surrogate mother’s physical relationship with thechild in terms of pregnancy and child birth-, raising the child and hisbirth through surrogate mother can not justify a subjective legalconsideration. Whether the unity of criterion in spreading hurmathrough breastfeeding is enough to extend the ruling of fosterrelationship to the object under question is a controversial topic.Although the ruling of absence of relationship is not acceptablemorally and naturally, it is plausible through the methodology ofprinciples of jurisprudence

Keywords

• relationship
• surrogate mother
• surrogacy
• breastfeeding
• infertility