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The legality of the use of Zir uterus (surrogacy) Legal Study | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 1, Volume 1, Issue 1, 2010, Pages 376-399 PDF (300.44 K) | ||
| DOI: 10.37651/aujlps.2010.15721 | ||
| Author | ||
| Muhannad Bunyan Saleh | ||
| Abstract | ||
| The announcement lady wanted to use her womb and the pregnancy rather than others (wife) for those who wish to have children for the amount of cash monthly and expense, especially during pregnancy controversial doctrinal and legal on the legality of the use of uterine Zir (surrogate mother). In the first instance may not This act constitutes a big problem if we know the existence of the agreement between the couple and the owners of the fertilized egg women with uterine alternative, which establishes provisions and arrange them. But for this use full legal legitimacy? Template so that you can organize a special legal, as the legal relations of Staff must be available to complete act and become a true, Gmelin to add to the satisfaction there other elements of Fa shop must have a legitimate reason, as well as the motive of the contract. And thus the invalidity of the relationship contractual or becoming a full right from the legal point of view, especially after the scientific development in such medical fields aimed at procreation using modern techniques, including the uterus alternative (surrogate mother) and revenge also jurisprudential debate about the legitimacy to act from the point of legitimacy and divided into two teams. Some of supported operation, but under certain conditions, some of them refused to resort to outright and the sanctity strongly. and to indicate what progress we have tried as much as possible to answer this Altasalat access to the legality of this use of the legal and legitimate and in accordance with the following plan: The first section / over the legality of the use of uterine Zir in Iraqi civil law. first requirement / subject of the contract. second requirement / why in the contract. third requirement / invalidity of the contract wrongfulness. second section / over the legality of the use of uterine Zir in Islamic jurisprudence. first demand / trend in favor of the use of uterine Zir. second requirement / direction of rejecting the use of uterine Zir. Conclusion. results and recommendations. | ||
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