نوع مقاله : مقاله ترویجی
عنوان مقاله English
نویسندگان English
Assisted reproductive technologies (ART), including embryo donation, artificial insemination, and surrogacy, have posed profound challenges to the traditional family law system, especially the concepts of lineage and inheritance. This study, with a comparative approach between Imami jurisprudence and Iranian civil law, analyzes the relationship between these technologies and the basis of child attribution and its legal consequences, especially in the area of inheritance. In Imami jurisprudence, the Islamic lineage, which is based on Islamic stewardship and legitimate biological connection, is considered the fundamental determining element of family relations and inheritance.By granting parental responsibility to the recipient couple, this law effectively creates a type of “legal lineage” that is distinct from biological lineage and provides important civil effects, including the possibility of inheritance, for the child and the legal parents. This research shows that while traditional jurisprudence emphasizes the primacy of legal lineage, statutory law is redefining the classical concepts of family and attribution, relying on the concept of the child’s best interests and the preservation of social order. Finally, it is concluded that the gap between legal lineage and legal lineage requires dynamic jurisprudential interpretations and more precise legislation to fully guarantee the fundamental rights of the child resulting from ART. This emphasizes the need for a continuous dialogue between jurisprudence, law, and biological sciences to adapt the legal system to the new realities of reproduction.
کلیدواژهها English