نوع مقاله : علمی- ترویجی
نویسنده
عضو هیأت علمی دانشگاه آزاد اسلامی، واحد الکترونیکی، گروه حقوق خصوصی، تهران، ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
In all legal systems, a child born out of wedlock, is regarded as illegal and illegitimate and is deprived of some rights that the legitimate child enjoys. Taking into consideration that the new method of fertility most of which involve a third party, are unlawful preliminary act. Therefor the legitimacy of the children as a consequence of these methods is under discussion. The present paper analyses the possibility of children born out of wed lock to enjoy legal right of living with her/his parents in Iranian Law based on the jurisprudencial resources and in addition to studying Iranian Laws, a comparative study of Egyptian and British laws is carried on. The study of Iranian law shows that legislator is remained silent and There are different opinion among Shiite jurists in response to this substantial issue, ‘based on the opinions of some Imamiya jurists’, the child is deprived of legitimate parentage and that the ruling is that the child born (from this method) is sentenced as a child born out of adultery. Despite the emphasis of Imamiya jurists on ‘not committing unlawful preliminary acts in terms of applying new reproductive methods’, the child who is born as a result of the above mentioned methods, even assuming that her/his has been created by using an illegitimate technique, is directed to his/her parents. In British and Egyptian law, the non-observance of legal conditions also causes the child to be regarded as illegal and illegitimate.
کلیدواژهها [English]
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