The Nature of a Contract for Utilization from a Renting Womb

Author

Senior expert of private law

Abstract

* Senior expert of private law





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n certain cases, legal and jurisprudential doctrines have authorized utilization from a substitute womb provided that some conditions are observed. Therefore, considering those conditions, infertile spouses substitute mother, and third parties can use such a manner as the subject of their contract or promise and subsequently, contracts and promises be formed or made among infertile spouses, substitute mother, spouses and other third parties who are related to this subject somehow.
     In this article it is tried, on the basis of doctrines and sources of Imamiyyah (Shiism) jurisprudence and the law of Iran, to examine the nature of a contract for utilization from a substitute womb and to make it clear that what kind of contracts would be more suitable if individuals desire to use the method of substitution in pregnancy (fertility).
 

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