A jurisprudential-medical analysis of the attribution of true dual motherhood in the assumption of a complete surrogate womb

Keykha, Mostafa; Keykha, Mohammad Reza; Kordetamandane, Dor Mohammad; Khodayar, Hosein

doi:10.30497/flj.2025.247710.2135

A jurisprudential-medical analysis of the attribution of true dual motherhood in the assumption of a complete surrogate womb

Articles in Press

Document Type : Scholarly Article

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¹ un sistan

² un

10.30497/flj.2025.247710.2135

Abstract

Research problem and purpose: The word "mother", a title that is respected and sometimes sanctified in all civilizations. Especially in the moral practice of Islam, mother and the description of motherhood have a unique position and are even considered women's rights. In addition to this statement; advances in the field of medical sciences and new methods of fertility and compensation for childbirth disability, including the IVF method or surrogacy, in which the embryo of the couple (fertilization of sperm of a woman and an infertile man in a laboratory environment) is placed in the womb of another woman until birth, poses a challenge and jurisprudential complexity to the assignment of the title of mother and the discovery of the real mother. From a jurisprudential perspective, the most important challenge will be to discover the identity and role of the woman who has the womb and assign the title of mother to each of the two women or the theory of true dual motherhood. The formative role of each of the women involved in this process, in accordance with current medical data, raises the question: Can both women be considered real mothers based on jurisprudential references and medical confirmations? In other words, can a child have two mothers at the same time with equal duties and rights? This issue has not been addressed in previous studies, and due to the novelty of the subject, Imamiyyah jurists have not entered into it. The purpose of this article is to examine various aspects of this issue and find a jurisprudential answer based on the criteria of Imamiyyah jurisprudence, including medical data.

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