فهرست نشریات علمی دسترسی آزاد ایران

Background and Aim: One of the most important factors of infertility is the wife’s inability to carry the fetus for various reasons, including the health of the uterus. In such cases, infertility specialists recommend the use of a “surrogate uterus”. The most important problem for couples who are forced to choose this method to have children is finding a woman qualified to play the role of a fetus carrier or so-called “surrogate mother”. In the absence of a specific legal and jurisprudential ruling and a cultural and customary framework in this regard, close relatives even the couples’ mothers, if they are physically healthy and ready to carry, are usually the primary options. This choice is generally due to complete familiarity with the psychological and physical conditions, greater compassion for the fetus, availability and better control, commitment to mutual agreements, and the fact that the carrying of the fetus is free of charge. However, the question is whether the couples’ mothers, given their first-degree relative relationship with the owners of the eggs and sperm, can be responsible for carrying the fetus as the women who own the womb? In other words, is it legitimate for the couples’ mothers to play a role in this method? This study aims to examine the various aspects of this issue and to find an appropriate answer based on Imamiyyah jurisprudence criteria. Materials and Methods: This article has been conducted with a descriptive-analytical approach, using documentary methods and library resources. Conclusion: Despite the silence of some jurists and the others’ opinion regarding the principle of innocence and consequently the permissibility of using couples’ mother’s womb, this research, based on some Imamiyyah jurisprudence criteria, including the necessity of preserving lineage and its rights, having healthy sexual relationships, observing the rules of breastfeeding and religious principles, and definitive agreement with the lawgiver’s intention, has concluded that it is not permissible for the couples’ mothers to play a role in this method and to raise the fetus in the grandmother's womb, and accordingly, it is inevitable to announce the legislator's position in this regard.