Issuance of Birth Certificate for Children Born via Third-Party Assisted Reproduction (Reviewing the responsibilities of health care providers and physicians in birth announcement)

Original Article | Pages: 2 - 11
  • Alireza Milanifar - Nanobiotechnology Research Center, Avicenna Research Institute, ACECR, Tehran, Iran [milanifar@avicenna.ac.ir]
  • Kosar Enjelas - Nanobiotechnology Research Center, Avicenna Research Institute, ACECR, Tehran, Iran
  • Soheila Ansaripour - Nanobiotechnology Research Center, Avicenna Research Institute, ACECR, Tehran, Iran

Abstract

Background: The questions and ambiguities that arise from different layers of human social life often surpass the legal answers since there is not any predeter-mined solution for any legal case in advance in the law field. It is here that legal "wisdom" plays a role in enforcing executives to respond appropriately to these challenges, and, of course such response cannot, and more precisely, should not infringe the existing laws and regulations, legal logic, and social life require-ments. The issue of pregnancy through third-party intervention is one of many instances in which the legal system in different countries has sought to give a clear answer to ensuing problems and concerns. With all the efforts and con-siderations, the law is not implemented in line with what the legislator has written and willed. This article seeks to address the problem of infertile couples and infertility treatment centers originated from incorrect enforcement of law by the physicians or treatment centers as the authorities to declare birth event and National Organization for Civil Registration as the authority accountable for birth certificate issuance.

Methods: This article is based on a descriptive-analytical study. In the descriptive section, the laws and regulations in the Iranian legal system and ethics are discussed.

Results: There are numerous ethical principles and legal provisions that indicate the physician or health care provider responsible for birth nnouncement has no obligation to declare the fertility treatment method.

Conclusion: The action taken by the health care provider or physician to declare fertility treatment method, beyond declaring the birth event, is an extrajudicial and immoral act.

References:

  1. Clarke M. Islam and new kinship: reproductive technology and the shariah in Lebanon. 1st ed. Oxford: Berghahn books. 220 p.
  2. Beauchamp TL, Childress JF. Principles of biomedical ethics. 7th ed. Oxford: Oxford university press; 2013. 480 p.
  3. Winslade, William J. Confidentiality. In: Stephen GP, editor. Encyclopedia of Bioethics. US: Macmillan reference. 494 p.
  4. Feinberg J. Harm to others: the moral limits of the criminal law. 1st ed. Oxford: Oxford university press; 1984. 269 p.
  5. Wilkinson S. Bodies for sale: ethics and exploitation in the human body trade. 1st ed. London: Routledge; 2003. 248 p.
  6. Stephen GP. Encyclopedia of Bioethics. 3rd ed. Vol. 2, Harm. US: Macmillan Reference; 2003. p. 539-1227.
  7. Embryo Donation to Infertile Couples Act. Islamic Parliament of Iran. Official Gazette No. 17033. (2003). Article 3.
  8. Islamic Penal Code. Islamic Parliament of Iran. Official Gazette No. 14943. (1996). Article 4.
  9. Bylaw of proceeding against professional infringements of medical and relevant professionals in medical council. Council of Ministers. (1999). Article 4.
  10. Law on preventing sexually transmitted and contagious diseases. Islamic Parliament of Iran. Official Gazette No. 3721. (1941). Article 19.
  11. Amendment of article 19 of the law on preventing sexually transmitted and contagious diseases (1968). Islamic Parliament of Iran. Official Gazette No. 6945. (1968). Note.
  12. Law on obligatory providing of medical certification prior to marriage. Islamic Parliament of Iran. Official Gazette No. 2973. (1938). Article 2.
  13. Civil Registration Act. Islamic Parliament of Iran. Official Gazette No. 9212. (1976). Articles 15 and 16.
  14. Circulation No. 1/62715 (2017), State Civil Registration Organization, Section (c).
  15. Bylaw of law on embryo donation to infertile couples act. Council of Ministers. (2005). Article 6 (d) and its Note.
  16. Abolhamd AH. [The hierarchical order of laws in legal system of IR Iran]. Law Polit Sci. 1981;22:19-40. Persian.
  17. Ghazi SA. Fundamental rights and political institutions. 14th ed. Tehran: Mizan; 1989. 670 p.
  18. The Constitution of the Islamic Republic of Iran. Referendum. Official Gazette No. 12957.
  19. The Universal Declaration of Human Rights (1948), United Nations General Assembly, Art. 6.
  20. International Covenant on Civil and Political Rights (1966), General Assembly of UN, Art. 16.
  21. Waldron J. Rights. Rasekh M, translator. in: Rights and interests: essays in jurisprudence and philosophies of rights and values. Tehran: Ney Publisher. 2019. 296 p.
  22. Precedent issued by the Supreme Court. No. 748. Official Gazette No. 110/152/9278. (2016).
  23. Civil Law. National Parliament of Iran. Official Gazette No. 1877. (1935). Article 1273.

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Citation

Milanifar AR, Enjelas K, Ansaripour S. Issuance of Birth Certificate for Children Born via Third-Party Assisted Reproduction (Reviewing the responsibilities of health care providers and physicians in birth announcement) Iran J Biomed Law Ethics. 2019;1(2):2-11.