تلقیح مصنوعی از دیدگاه اخلاق و حقوق کیفری

Since long time ago, reproduction and as a result and continuity of generation has been one of the human’s hopes and wills and in fact, it is considered as kind of perfection. Although for many centuries, because of lack of fertilization power or due to infertility of their wives, many humans has died with this wish in their heart and their generation has been extinct, todays modern and increasingly medical progress allows the insemination to happen in other ways more than the natural way. These methods which are known as the medical fertility will be applied by ART, Microinjection, and artificial insemination … these types of inseminations had a great development since the second half of 20th century. Today, this method is one of the most important events and improvements of this century, although this technology has been used since years ago, it was imported to Iran since 1990. This subject is one of the oldest methods of unnatural pregnancy and it includes methods which the semen would be applied in different parts of the woman’s genitals after preparation and being trained, and contiguity of the sperm and oocytes would be possible. Right now, the most common artificial insemination is intrauterine insemination which means using the trained sperm (not the whole semen) of the husband (AIH) or someone else (AID) or TDI. Artificial insemination of woman’s egg with the husband’s sperm is a correct action which has legal effects and it is approximately flawless from the juristic point of view and from point of view of Iran and Foreign legal Systems they consider this system as a treatment method and they consider the child born this way related to the woman and her husband. A group of jurists doubted applying this method because of fear of prohibited preparatory actions such as taking egg from a woman by a stranger with or without the husband’s permission caused different opinions from the pint of view of jurists as well as Feqh’s point of view, in general there are many disagreement and less agreements in this field. Although the subject can be reviewed from different aspects such as inheritance, alimony, filiation, custody… but the base of this essay is study from the view of ethics and criminal law and the explanation of the necessity of criminalizing of some issues and related matters.