Guardianship of Children Born from Artificial Insemination

Infertility in the world today is no longer an inescapable problem, and doctors have been able to solve the problem of infertile treatment in a coherent way. The birth of children by artificial insemination is in the following ways: 1) Insemination by husband’s sperm with egg inside the uterus or out of it for fertilization, and 2) Inoculation by another sperm (stranger-donor) inside or outside the uterus. In the case of the guardianship of such a child, in the first place, the Islamic scholars (Faghi) do not have a particular problem with such insinuation, and share the same belief that both the natural parents have the guardianship of the child. The main issue is when donor sperm-other than the husband’s sperm- is used. Most jurists consider such an insemination and the born child as unlawful; it is only considered as related to man and woman when they are ignorant to inoculation. In the legal context the guardianship in light of the sperm fertilization with the wife, whether inside the uterus or outside belongs to both of them. In case of fertilization with donor sperm apart from the husband’s, in the case of ignorance to the child, the guardianship belongs to both of them. However in case of knowledge, and from the jurisprudence point of view the born child is considered as suspicious and adultery case. However, it seems that in light of the legal developments in the modern world, the child can be joined to the parents with respect to the international conventions in the domestic law of the countries. But in our domestic law and according to the jurisprudential principles, the guardianship belongs to the genuine father and the mother of the child. And only under certain conditions other individuals can be given the right to meet or have the guardianship of these children. The present research has been done in a descriptive-analytical method.