Lineage Related Ethical and Legal Issues of Donation Programs

There is an Act about Embryo Donation 2003 in Iran law. Al-though there is nothing in Acts about gamete donation, some of infertility clinics practically do that; especially Egg dona-tion. In such a position, arise many ethical and legal problems because: at first, Iranian Embryo Donation Act (EDA) is very incomplete, summary (only in 5 articles), inconclusive and vague. For example, the Act is silent about lineage (filiation) between future child and his/her genetic or social parents. Likewise about inheritance, marriage banning, family name, custody, and other child-parents rights. So there are many questions about future child’s fate and his/her socio-economic and even human rights. Secondly, based on Iranian Consti-tution, when Acts are vague or incomplete or silent, courts judges should refer to Authentic Sources of Islamic Juris-prudence and Valid Judicial Decrees (Reliable Fatwa). The problem is that there are disagreement in jurisprudence and decrees. In addition, majority of Islamic jurists believes that there is complete lineage between future child (embryo or gamete) and his/her genetic parent (donors). So generally all of lineage legal effects should enforce to them, not to any other persons, including social parents (donee) . These situa-tions actually will breaches purpose and basis of donations. Thirdly, upon Embryo Donation Act’s bylaw, all of donation related data including donor name and address and identity and even donation process, are confidential as legally secret information. So we will involve in a paradoxical situation: in one hand, EDA is vague and Constitution finally leads to majority Islamic jurist’s decree that indicated complete lin-eage between donor(s) and child. In other hand, upon Act’s bylaw, all of data about donation is confidential. So there is no access to donors (alleged parents) because of confidentiality, and there is no effect in donee access because he/she is irrel-evant. In conclusion, it seems that Iranian legal system must pass from this paradox. This problem has only two solutions: 1. Setting aside donation and abrogate Embryo Donation Act until decrees adjustment and changing position. 2. Amend the Act and to recognize lineage for social parents (donee). Until now, legislature refused accepting any of these two solutions.

کلیدواژه ها:

Embryo Donation Act (EDA) ، Donation ، Donor ، Do-nee ، Lineage ، Gamete ، Confidentiality.