Personhood and Moral Status of The Embryo: It’s Effect on Validity of Surrogacy Contract Revocation according to Shia Jurisprudence Perspective

Objective One of the most controversial issues related to human embryo is to determine the moment when the embryo is considered as a human being and acquires a moral status. Although personhood and moral status are frequently touched upon in medical ethics, they are considered interdisciplinary as concepts shaping the debate in Medical Law (Fiqh) since their consequences are influential in the way which the parents and other individuals behave towards the embryo. MaterialsAndMethods This analytical-descriptive research gathered relevant data in a literature search. After a description of the fundamentals and definitions, juridical texts were subsequently analyzed and one of the viewpoints regarding surrogacy contract Revocation was selected. Results surrogacy contract is a contract based upon which two sides (infertile couple and surrogate mother) involved in making the contract are obligated to fulfill its terms. Therefore, contract Revocation can be surveyed from three perspectives: Mutual revocation (Iqala), legal unilateral wills (Khiar al-Majlis, Khiar al-Ayb) and contractual wills (Khiar al-Shart). Conclusion surrogacy contract Revocation either by genetic parents, surrogates or the institute are allowed by Muslim Jurists only when the embryo lacks personhood. Based on Islamic teachings, terminating surrogacy contract in and after the sixteenth week of pregnancy, when the embryo acquires human soul (ensoulment), is not allowed. But religious thought emphasis on the moral status of the fetus before sixteenth week and states that optional terminating of the surrogacy contract, won’t be permitted while the fetus becomes a human being.