The Right to Fetal Survival and the Requirements of Child Development in Iranian Law

Background and Objective: The right to fetal survival, as one of the most fundamental human rights, has been considered not only in international child rights documents, but also in the legal frameworks of the Iranian legal system, and especially in Article ۳ of the National Document on the Rights of the Child and Adolescents, it has been recognized as a prerequisite for the child to enjoy other fundamental rights. The purpose of this research is to analyze the legal and administrative challenges in the field of realizing the right to fetal survival in Iran and to examine the legal requirements for the comprehensive development of the child from before birth to the growth period. Methods: This research, with a descriptive and analytical approach and using library resources and international and domestic documents, examines the theoretical foundations and analyzes the legal and administrative shortcomings in the field of protecting the right to fetal survival and child development. Findings: The results show that in the Iranian legal system, despite the existence of some protective regulations, there are serious gaps in coordination between responsible institutions, weaknesses in supervisory and protective structures, legal conflicts regarding medical abortion, fetal blood money and its legal personality, as well as the lack of comprehensive protective policies for pregnant mothers and newborns. These challenges have confronted the real realization of the right to life of the fetus and the balanced development of the child with structural and legislative obstacles. Conclusion: In order to practically guarantee the right to fetal survival and create a suitable environment for the comprehensive development of children, reviewing the laws governing medical abortion, developing protective policies based on social justice, and establishing an independent policy-making institution in the field of children's rights are essential legislative and executive requirements.