{"title":"The Status of ‘Mother’ in Gestational Surrogacy: the Shiʿi Jurisprudential Perspective","authors":"Saeid Nazari Tavakkoli","doi":"10.1007/s41649-022-00217-2","DOIUrl":null,"url":null,"abstract":"<div><h2>Abstract\n</h2><div><p>\nShiʿi jurists have three different theories with regard to gestational surrogacy and who should be recognized as the mother of the newborn: (1) the surrogate mother (2) or the ovum provider (biological mother) (3) or both of them. The religious law (<i>al-Aḥkam al-sharʿi</i>) regarding the title of ‘mother’ and issues such as inheritance, will (<i>Waṣiya</i>), marriage, and custody have been discussed by Shiʿi jurists but no exact definition of this term has been provided by them. Because the fertilized ovum is considered the origin of humans and the formation of an embryo also determines the kinship of the newborn, the mother of the child is the woman that fetus created by her ovum. It is this woman who has all the rights and responsibilities of a mother; even if the surrogate mother is considered the mother of the child, she has no rights over the child nor does she have any duties towards him/her.</p></div></div>","PeriodicalId":44520,"journal":{"name":"Asian Bioethics Review","volume":null,"pages":null},"PeriodicalIF":1.3000,"publicationDate":"2022-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9530084/pdf/41649_2022_Article_217.pdf","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Asian Bioethics Review","FirstCategoryId":"1085","ListUrlMain":"https://link.springer.com/article/10.1007/s41649-022-00217-2","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"ETHICS","Score":null,"Total":0}
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Abstract
Abstract
Shiʿi jurists have three different theories with regard to gestational surrogacy and who should be recognized as the mother of the newborn: (1) the surrogate mother (2) or the ovum provider (biological mother) (3) or both of them. The religious law (al-Aḥkam al-sharʿi) regarding the title of ‘mother’ and issues such as inheritance, will (Waṣiya), marriage, and custody have been discussed by Shiʿi jurists but no exact definition of this term has been provided by them. Because the fertilized ovum is considered the origin of humans and the formation of an embryo also determines the kinship of the newborn, the mother of the child is the woman that fetus created by her ovum. It is this woman who has all the rights and responsibilities of a mother; even if the surrogate mother is considered the mother of the child, she has no rights over the child nor does she have any duties towards him/her.
期刊介绍：
Asian Bioethics Review (ABR) is an international academic journal, based in Asia, providing a forum to express and exchange original ideas on all aspects of bioethics, especially those relevant to the region. Published quarterly, the journal seeks to promote collaborative research among scholars in Asia or with an interest in Asia, as well as multi-cultural and multi-disciplinary bioethical studies more generally. It will appeal to all working on bioethical issues in biomedicine, healthcare, caregiving and patient support, genetics, law and governance, health systems and policy, science studies and research. ABR provides analyses, perspectives and insights into new approaches in bioethics, recent changes in biomedical law and policy, developments in capacity building and professional training, and voices or essays from a student’s perspective. The journal includes articles, research studies, target articles, case evaluations and commentaries. It also publishes book reviews and correspondence to the editor. ABR welcomes original papers from all countries, particularly those that relate to Asia. ABR is the flagship publication of the Centre for Biomedical Ethics, Yong Loo Lin School of Medicine, National University of Singapore. The Centre for Biomedical Ethics is a collaborating centre on bioethics of the World Health Organization.
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