Methods of Artificial Reproduction (book): Difference between revisions

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In the third chapter, the effects of Assisted Reproduction are discussed. In general, if divorce or death occurs during the various methods of Assisted Reproduction, the Iddah is fixed for the woman, and this ruling does not apply to a Consummated marriage alone, and includes a non-penetrated one as well (pp. 383 and 385). Also, paying the costs of maintenance to a woman who has been made pregnant through Assisted Reproduction is obligatory upon the husband, unless the sperm of a Third-party donor was used in the insemination process, in which case it is possible, from the point of view of jurisprudence, that the owner of the sperm be responsible for the costs of maintenance of the woman during pregnancy (p. 411).
In the third chapter, the effects of Assisted Reproduction are discussed. In general, if divorce or death occurs during the various methods of Assisted Reproduction, the Iddah is fixed for the woman, and this ruling does not apply to a Consummated marriage alone, and includes a non-penetrated one as well (pp. 383 and 385). Also, paying the costs of maintenance to a woman who has been made pregnant through Assisted Reproduction is obligatory upon the husband, unless the sperm of a Third-party donor was used in the insemination process, in which case it is possible, from the point of view of jurisprudence, that the owner of the sperm be responsible for the costs of maintenance of the woman during pregnancy (p. 411).
=== Lineage and adoption ===
=== Lineage and adoption ===
Regarding paternal lineage, Sayyid Mohsen Hakim is of the opinion that from the jurisprudential point of view, the child resulting from Assisted Reproduction does not belong to the owner of the sperm, but only Attributed to the mother (p. 412). But from the author’s point of view, this statement and its reasons can be criticized, and the child resulting from Assisted Reproduction takes its paternal lineage from the owner of the sperm or stem cell by which the egg was fertilized (pp. 417 and 421). Regarding attribution to the mother, according to custom and lexicology, the title of mother refers to the owner of the womb who gives birth to the child (p. 440). From the jurisprudential point of view as well, the strongest possibility is attribution of the child to the owner of the womb (p. 450). In any case, if parentage of the child is not known, from the point of view of jurisprudence, adoption is invalid and is not affected by the religious effects and requirements of parent and child (p. 466).
Regarding paternal lineage, Sayyid Mohsen Hakim is of the opinion that from the jurisprudential point of view, the child resulting from Assisted Reproduction does not belong to the owner of the sperm, but only Attributed to the mother (p. 412). But from the author’s point of view, this statement and its reasons can be criticized, and the child resulting from Assisted Reproduction takes its paternal lineage from the owner of the sperm or stem cell by which the egg was fertilized (pp. 417 and 421). Regarding attribution to the mother, according to custom and lexicology, the title of mother refers to the Gestational mother who gives birth to the child (p. 440). From the jurisprudential point of view as well, the strongest possibility is attribution of the child to the Gestational mother (p. 450). In any case, if parentage of the child is not known, from the point of view of jurisprudence, adoption is invalid and is not affected by the religious effects and requirements of parent and child (p. 466).
=== Inheritance and rules of fostering ===
=== Inheritance and rules of fostering ===
In pregnancies resulting from various methods of Assisted Reproduction, the author believes that if the child takes lineage from the living parent, the rules of inheritance will apply, but if Assisted Reproduction is done after the death of the mother or father, the child resulting from Assisted Reproduction will not inherit from them (pp. 468 and 472). Also, comparing fostering to Assisted Reproduction is not correct, and if we consider the Egg donor as the child’s mother, the owner of the womb has no relationship with the child from the religious point of view, and the rulings related to fostering, such as the Prohibition of marriage, do not apply between the owner of the womb and the child born by Assisted Reproduction (p. 481).  
In pregnancies resulting from various methods of Assisted Reproduction, the author believes that if the child takes lineage from the living parent, the rules of inheritance will apply, but if Assisted Reproduction is done after the death of the mother or father, the child resulting from Assisted Reproduction will not inherit from them (pp. 468 and 472). Also, comparing fostering to Assisted Reproduction is not correct, and if we consider the Egg donor as the child’s mother, the Gestational mother has no relationship with the child from the religious point of view, and the rulings related to fostering, such as the Prohibition of marriage, do not apply between the Gestational mother and the child born by Assisted Reproduction (p. 481).  
=== Abortion  ===
=== Abortion  ===
Abortion is forbidden in any case and there is no difference between a fetus resulting from Assisted Reproduction and a fetus resulting from natural pregnancy. Even if we consider the mother to be the Egg donor, abortion is forbidden for the owner of the womb as well. However, if avoiding abortion leads to Undue hardship, abortion is permissible until before the soul is blown into the body (pp. 483-484).
Abortion is forbidden in any case and there is no difference between a fetus resulting from Assisted Reproduction and a fetus resulting from natural pregnancy. Even if we consider the mother to be the Egg donor, abortion is forbidden for the Gestational mother as well. However, if avoiding abortion leads to Undue hardship, abortion is permissible until before the soul is blown into the body (pp. 483-484).
[[fa:وسائل الانجاب الصناعیة (کتاب)]]
[[fa:وسائل الانجاب الصناعیة (کتاب)]]
[[Category:Bibliography Articles]]
[[Category:Bibliography Articles]]
[[Category:Books by Mohammad Reza Sistani]]
[[Category:Books by Mohammad Reza Sistani]]
[[Category:Books on Artificial Insemination]]
[[Category:Books on Artificial Insemination]]