Methods of Artificial Reproduction (book): Difference between revisions
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== Jurisprudential consequences of Assisted Reproduction == | == Jurisprudential consequences of Assisted Reproduction == | ||
=== Iddah and Maintenance (Nafaqah) for the wife === | === Iddah and Maintenance (Nafaqah) for the wife === | ||
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 | 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 Unrelated individual man 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 Affiliated 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 Affiliated 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). | ||