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The retribution of the father in crimes against children born from donated sperm

Document Type : Original Article

Authors

1 Assistant Professor, Department of Law and Political Science, University of Mohaghegh Ardabili

2 department of law university of mohaghegh ardabili

Abstract

Man is a social being and with acceptance of social life, he is obliged to respect the rights of others in society. One of the basic human rights is the right to life. The Islamic Penal Code, in accordance with Islamic jurisprudence, emphasizes the right to life and has determined the punishment of retribution for intentional crimes; however, if these crimes are committed by the father against the child, retribution will not be proven. Sometimes, due to the use of new methods of infertility treatment, children are born with donated sperm that have a father other than their apparent and social father, and this creates problems in the implementation of this exceptional sentence. The main purpose of this study is to investigate the basis and cause of retribution sentence and its inclusion in relation to the owner of the sperm and the recipient of the sperm. The research method is library and documentary, using books, articles, legal, religious sources and internal regulations, in an argumentative and analytical manner and is a practical research that can facilitate the legislator in formulating more appropriate laws to explain and determine the exact status of such children. The findings indicate that although the right to use donated gametes is recognized in Iranian law, Iranian law, in the form of a few articles, addresses many of the problems that arise in the long run due to shortcomings. It can have adverse effects on the legal and social status of individuals.

Keywords

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Journal of Studies in Islamic Law & Jurisprudence
Volume 14, Issue 27
July 2022
Pages 255-274
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