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1 results

  • 14 - The Legal Situation Regarding Assisted Reproduction in Iran

  • Edited by Hadi Enayat, Institute for the Study of Muslim Civilizations, Aga Khan University, Mirjam Künkler, Institute for Advanced Legal Study
  • Book:
    The Rule of Law in the Islamic Republic of Iran
    Published online:
    10 April 2025
    Print publication:
    17 April 2025, pp 414-443

  • Summary

    The chapter discusses regulations and legal reform in medical law, in particular assisted reproductive technology (ART). A combination of Iranian state law, Shiʿi rulings, and national, medical, and clinical guidelines govern access to ART. In 2003, parliament enacted a law allowing the use of embryo donation for treating infertility in married couples. The law also implicitly recognized the permissibility of embryo-carrying and surrogacy arrangements. In comparative terms, this made Iran the most progressive country in the Muslim world regarding ART regulations and has resulted in the phenomenon of medical tourism. The chapter discusses the many ways in which Shiʿi Islamic legal rulings are mobilized to respond to medical and ethical concerns of different constituencies, illustrating the dynamism and adaptability of Shiʿi fiqh. Taking family as a legal concept, the chapter argues that Iranian family beliefs and values play a crucial role in shaping Iran’s permissive reproductive policy. Genealogical continuity and legal parenthood are central to these beliefs and values.