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With the advancement of science and technology, everyone can experience parenthood by various methods. Surrogacy is one of them. As a relatively new method, surrogacy has been widely studied legally. To explain this method briefly, male sperm and female egg are combined and transferred to another woman’s uterus. Couples usually use this method when a woman is not able to become pregnant. In continuation of this article, we will discuss the laws of surrogacy in Iran from the Moj Aramesh Amitis Medical Blog.

Reasons for Using Surrogacy to Have a Baby

In this method, sperm and eggs are combined via in vitro fertilization and the fertilized egg is transferred to another woman’s uterus. The surrogate mother and the intended father have no sexual relationship.

This procedure is often performed when one of the following problems occurs:

The intended woman does not have a uterus due to medical problems or congenitally.
The uterine cavities are blocked due to tuberculosis.
The intended mother suffers from diseases such as diabetes, hypertension, heart disease, or thalassemia, which makes pregnancy dangerous for her.
This person’s uterus is small, preventing successful implantation.
She has experienced frequent abortions in the past.

learn more: Surrogacy Pros And Cons in Iran

Legal Aspects of Surrogacy

Contrary to popular belief, surrogacy is a legal method in Iran, and this law was implemented in 2003 in three articles, which we will explain to you in the following articles.

If a couple’s infertility has been proven by the court, they can seek medication and help from authorized clinics. These clinics, following canonical laws and regulations, can combine the couple’s sperm and eggs outside the uterus and transfer the embryo to another uterus. These infertility treatment centers must have written consent from both parties. (According to the Constitution)

The husband and wife should both want to have a baby through surrogacy. The couple must prepare their application and submit it to the court. The judge will allow them to have children through surrogacy if the couple’s eligibility is verified. (According to the Constitution)

Eligibility Requirements to Apply for Surrogacy

Conditions that will confirm your eligibility by the Court are:

You and your spouse cannot conceive.
You must be morally competent.
You must be in full physical health and in case of an incurable disease, you will be disqualified by the court.

Parents who want to conceive through surrogacy should not be addicted to any drugs
Parents seeking surrogacy must be Iranian by birth.

Your responsibilities to a baby born through surrogacy are the same as your responsibilities to a baby you conceive naturally. (According to the Constitution)

For more information on surrogacy laws in Iran, visit Moj Aramesh Amitis Medical Tourism website.

Legal Parents of a Baby Born Via Surrogacy

According to Islamic law, the father of a baby born through surrogacy is the one from whose sperm, the fetus was conceived. Even Islamic religious scholars believe that if the fetus is conceived out of wedlock, the person from whose sperm the fetus is conceived is considered the father of the baby. In these cases, mostly women’s motherhood is disputed. The main issue is if the woman owning the egg is the mother of the baby or the woman who gives birth to the baby. There are two different views on this issue. Some experts believe that the person who nurtures the fetus in her uterus is the mother of the baby. This group believes that anyone who gives birth to a baby is considered his or her mother, so in this case, the surrogate woman is the mother of the baby. Others believe that the owner of the egg is the legal mother of the baby. They also believe that the woman carrying the fetus inside her womb is considered the foster mother of this baby.

The Surrogate Mother’s Alimony

Alimony is one of the most important issues that couples may face. The father of the child must pay alimony to his child in terms of religion and law. If the father is not alive, the paternal grandfather must pay this alimony. If he has either passed away or is not financially able to pay alimony, the child’s mother must pay for her child. If the mother is not alive or cannot afford to pay due to financial problems, the maternal or paternal grandparents must pay for the child’s living expenses. (According to Article 1999 of the Civil Code)

The more important issue is whether the father should pay alimony to the surrogate to nurture the fetus. In this regard, it must be mentioned that if he has a marital relationship with the surrogate mother, i.e. to be a husband and wife, the father is obliged to pay alimony. In surrogacy, there is no such relationship between the biological father and the surrogate mother, so to express a definite opinion, such cases must be investigated.

Studies show that the father can choose to pay alimony only during pregnancy.

Mutual Contract of The Parties for Surrogacy

In this method of pregnancy, the contracts drafted between the parties are in two forms, either the contract between them is altruistic, or commercial. In commercial contracts, intended couples must pay a fee to the surrogate mother, and this woman must abide by and fulfill the obligations stipulated in the contract.

In altruistic contracts, the surrogate is one of their friends or relatives and goes through this procedure for free. This type of contract does not require any special work and only the consent of both parties is the only required factor to regulate the contract.

Another important point in a surrogacy contract is that all the conditions of the two parties must be mentioned to avoid any disputes in the future. The most important point in this field is that some couples evade writing contracts and do not consider it necessary. Keep in mind that the contract is the most important part of the surrogacy process, and both parties must comply with the terms set foremost in the contract, and cannot act based on personal desire.

Religion and Surrogacy

You may be wondering if a woman can legally decide to commodify a part of her body?

Sometimes people are forced to lease their organs to earn money and solve their economic problems, but this act should not be against ethical codes. On the other hand, every human being is free to make decisions and can lease some of his or her organs. of course, this act should be a good deed from a religious point of view, such as organ donation. To become a surrogate, your spouse’s permission is required. Because this decision will directly affect the lives of your spouse and family. Therefore, in addition to the consent of the intended family and you, the permission of your spouse is also essential.

Documents Required for Surrogacy Procedure

To go through surrogacy and be qualified by the court, you will need a variety of documents. For example, copies of the first and second pages of each party’s ID card. The original birth certificate is also required. The original and copies of the marriage certificate of a couple who apply for surrogacy are also required. Like all paperwork, you will need a few 4×3 photos.

Birth Certificate of a Baby Born Via Surrogacy

It is advised to visit the hospital, bringing your contract, before the baby is born and inform them about it. By informing the hospital, the name of the baby’s biological mother will be registered in the baby’s birth certificate and you will face fewer problems obtaining it.