فهرست نشریات علمی دسترسی آزاد ایران

Background and Aim: Todays one of the problems and concerns is the couples' infertility, which always affects families and society. In this article, we have studied the legitimacy and feasibility of "childbearing contracts". Contracting childbearing in a special sense is the establishment of a human production bank for infertile couples to produce and raise children by concluding contracts. It is very necessary to deal with this issue in order to regulate and strengthen family relationships and to protect the parties’ rights and obligations and its effect on maintaining the general order of the society. Materials and Methods: This analytical-descriptive research aims to explain the differences in the contemporary Imamiya jurists’ views in response to the question of what are the jurisprudential bases of contemporary Imamiya jurists on the legitimacy of contracting childbearing by referring to library sources. Findings: Some jurists consider it permissible and correct to enter into childbearing contracts based on the requirement of artificial insemination and having a legitimate rational benefit, and others believe that such contracts are invalid due to the impermissibility and sanctity of all types of artificial insemination. However, assuming the formation and freezing of a laboratory embryo to transfer it to the applicant's uterus or surrogate uterus, the treatment centers and owners of sperm and eggs will be entitled to receive compensation as part of the treatment process. Conclusion: The results indicate that childbearing contracts do not conflict with the requirements of the marriage contract, and such as sperm and ovum purchase and sale contracts and womb leases, are valid and enforceable according to the well-known basis of Imamiya jurists. However, the contract for the purchase and sale of laboratory embryos is invalid due to the lack of ownership.