Review the provisions of inheritance in artificial insemination in jurisprudence and Iranian law
DOI:
https://doi.org/10.24200/jsshr.vol5iss04pp5-8Abstract
In the issue of inheritance in artificial insemination using sperm of husband, child is attributed to spouses and consequently inheritance is established among them. Also, the husband without sperm not has any relative relationship with born child in the treatment of infertility using alien sperm and therefore do not inherit from each other and the inheritance relationship will be established between the child and the owners of sperm and ovum due to prove relative relationship. Methodology: There is disagreement between jurists about inheritance of child born out of insemination with alien sperm. Three theories are raised in this regard: the permit of child inheritance from artificial insemination that the Supreme Leader and Seyed Yousef Madani Tabrizi are part of this category. Results: Impermissibility of child inheritance by artificial insemination, Mohammad Hassan Marashi Shushtari and Makarem Shirazi are in this group. Caution: some contemporary jurisprudents are cautious regarding inheritance between children by artificial insemination with alien sperm. Imam Khomeini (RA) and Golpaigani are in this group. In Iranian law, according to article 875 "If the embryo is born lively, he inherits" and in accordance with Article 878 "If the embryo is hinder of inheritance of existing persons, estate is not divided until the birth of child. Conclusion: However, if embryo is not impeded their inheritance, it is necessary as much as share of two boys from estate to be subject for embryo to the condition to be made clear later.References
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