Rent a Womb in Jurisprudential and Legal Aspect
Mohammadsadegh amirkhanloo
Fatemeh hossinabadi
Adeleh keshmiri
abctract
Many couples around the world suffer from infertility. Physicians in different countries are trying to treat infertility. Various methods of infertility treatment have already able to give a child to parents or hope them for having a child at future. “Rent a womb” is one of the methods that are followed by the negative and positive aspects that are studied in jurisprudential and legal aspects.
Introduction
Rent a womb, as a way of infertility treatment, has been developed in recent years in Iran. One of the couples who is the main factor of infertility is tested and treated, then the 6 to 8 cell fetus will be put in the rented mother womb, who is called “rented mother” or “mediator mother”, after AI (artificial insemination) in vitro after three days. The rented mother is the one who keep and carry the child, who doesn’t belong to, in herself.
This is now considered infertility treatment. The first baby was born by this method in the U.S. in 1990. Some women have no problem in ovulation but their womb is not capable of fertility for some reasons: for example some women removed the uterus (womb) due to cancer or some ones who are congenitally lacking womb, and the child by this method possesses the characteristics of the sperm owners. So the real parent is called “genetic parent”, the host mother or surrogate mother who breeds the sperm has no effect on the genetic issues. But, as researchers believe, it may affect mentally and emotionally on the embryo. Then the mother possesses special conditions for adoption of the embryo.
Positive Aspects of the Rent Womb
-Decrease in the number of divorce and solve the disputes of infertile couples
- The righteous child by this method possesses all the characteristics of the embryo owner genetically and is preferred to illegitimate methods or the adoption.
- The rent Womb has been studied for about 15 years in terms of psychology and psychiatry (approximately four thousand cases) and possible damages that the intended person may suffer has also been investigated, but no significant damage is reported.
- In jurisprudence (religious), the child grown up in the rented womb is legitimate.
Negative Aspects of the Rent Womb
-Culturally, this method was not yet accepted by all people and most of them don’t know about it, so there isn’t favorable view about the rented mother (the woman whose womb is rented).
- The risk of transmitting such disease as HIV, hepatitis and etc. from the rented mother to the infant.
- The risk of transmission disease from embryo donor couple such as infectious disease (HIV, hepatitis, etc.) and viral disease and etc. to the embryo and the rented mother.
- The child’s awareness of his way of birth (such medical procedures) and his reaction and deal with the issue.
- Possibility of various abuse of this technique including financial abuse.
- Disagreement of the members of the family of the “intended for rent womb”, especially the husband and children.
- There isn’t already any legal problem in applying the method.
Characteristics of the Volunteer of the Rent Womb
-She should be physically health.
- The pregnancy doesn’t pose her at risk.
- She had experience pregnancy up to the end, at least for one time.
- She should be examined preciously for such disease as HIV and hepatitis.
- Not to take medicine.
- The blood pressure and rubella should be controlled
- She should breed at least one baby and already protect him (otherwise it may not deliver the child to the real parents).
- She must have a positive and efficient purpose, and doesn’t look at it negatively.
- Reach to a new growth and maturity spiritually (emotionally).
- Her family agrees with the operation.
- Not having financial problems (because suitable emotional conditions are not ready for the child’s growth)
- She doesn’t know herself as a victim.
Characteristics of the Embryo Donor Couple
-They should be physically health.
- They should be examined precisely due to some disease as HIV, hepatitis.
- The couple shouldn’t feel threatened by the volunteer because the possibility of damaging to the involved persons will increase.
- The future parents should be reliable and plausible and able to attract the volunteer’s affection, since the hard and long process of such method of pregnancy requires the mutual comfort.
Low of Embryo Donation to an Infertile Couple
The law of embryo donation or gametes donation to the couple was approved in Parliament on July 20, 2003 and was confirmed by the Guardian Council on 30 July, 2004. The text of the law embryo donation to infertile couples is as follow:
Article 1) According to this Act, all infertility centers are allowed to transfer embryos result of insemination outside of uterus (womb) of the legal couples to another females womb (whose infertility or both couples infertility is approved after marriage and infertility medical examinations); means, they inject the embryo of a fertilized couple to the womb of another fertilized woman through insemination outside womb so that grows naturally and gets born.
Article 2) The application of embryo donation should be adjusted and submitted by the intended couple, and the court presented the authorization (under some conditions) of embryo donation to the couple to have a child.
Conditions Specified in the Law of Embryo Donation to the Infertile Women:
a.The couple are not capable of having child due to the valid medical certificates.
b. Couples are morally qualified.
c. None of the couples is separated.
d. None of the couples suffer from an incurable disease.
e. None of the couples are drug addict.
f. The couples should have Iranian Nationality.
Article 3) The responsibility of the embryo donated couples of the child is just like the real parents in terms of protection, education, alimony and respect.
Article 4) Study the proper qualification of the intended couple is taken without due processes of the Civil Procedure in family courts, and the disqualification can also reconsidered.
Article 5) The regulation is prepared by Ministry of Health and Medical Education in collaboration with the Ministry of Justice and is approved by the Cabinet.
Finally, some notes seem important:
-Applying the method of rented womb is common in very countries and our country, Iran, and is approved legally since 2003 and growing well. Although it is common for decades in foreign country unlike Iran that is new and the people don’t know much about it.
The reports of interview with an intended foreign parent (especially the Arab) show that there is a positive view to Iranian Woman that foreign countries prefer their child to grow in the womb of an Iranian woman, the reason is the sanctity and nobility of the woman and respecting moral values in Iran, but it shouldn’t led to various abuse.
Another point is the possibility of mental damage for the rented mother (surrogate mother). The aim should be clarified, it shouldn’t be result of severe financial problems, but be more for humanitarian. Although she can legally asks for fees. She should not be harmed physically and psychologically.
The developed countries, to prevent the risk of HIV transmission, freeze and keep eggs and sperm for 3 to 6 months after getting them. Then they examined the HIV of the man and woman one more time to assure that the disease is not at the incubation period. This method can overcome the concerns result of disease transmission.
If one day the child be informed of the way his birth (result of such approach), what should be done?
The applicant should consult with a counselor before the operation. The infertile couple should resolve the issue with coordination and sympathy with each other.
It should be consulted by experts for informing child but in an appropriate age so not damage emotionally and perceive the issue.
References
1-An ordered mother for an embryo, Shargh report of Performance of the Law of Emryo Donation, July 1, 2006, Year Three, num. 796
2- Farahani, Elaheh, For the first time in the judicial history, family court judges allows the infertile men and women to use an ordered mother for having a child. Iran, 2005
3- Molaei Nejad, Mitra, the Rented Mother, Problem or Solution, Women in Iran, February 4, 2007
4- The Rented Womb, Dos and Don'ts! Special Report by Hiva about the womb rental in Iran, February 1, 20007
1