عقد تأجير الأرحام : دراسة فقهية قانونية

الملخص EN

Idea is the process of surrogacy: that a woman can make pregnancy and birth of a family where the wife can not carry or give birth, either to the absence of the uterus to have a final, or the pain of the disease hamper the access of their pregnancy, or lack of desire of this woman luxury pregnancy and to avoid the hardships of pregnancy and childbirth, comes this woman willing to carry and to volunteer to complete the process for a fee, or donation without pay.

The process is often under a contract agreement in the presence of lawyers process to take its legal dimension can not by any party to terminate the contract or to drop it without a legitimate reason or no reason stated in the contract The process of one of the means resorted to by modern people to get rid of the problem of infertility and its effects, and is the result of the efforts made to overcome the problem of infertility, and requires that we note here that the infertility may be a disease of curable diseases, there is no objection to be addressed through lawful means At the same time there may be some writing, and disease is chronic and treatment, should be the conviction and satisfaction as far as God and not try to circumvent and bypass the instinct, because in the end, Islam and the law does not justify the means, so is the process of surrogacy among the images forbidden images of vaccination industrial of the impact of the problems and disadvantages outweigh the infertility problem over and over again, to contain a serious risk to the lives of children and women and Her egg incubator alike.

Accordingly, this process can not be considered permissible in terms of legal and legitimate for several reasons: the most important that the process witch accompanied by a lot of taboo for non-legitimate need for the most serious risks to children resulting from these processes and that the motive behind the arrogance of operations for the woman who made her womb is to get the money and not a pure donation, including the legal and social problems that may result from such operations without lawful justification or excuse, as these issues are among the articles of the law of personal status, and the law of personal status are governed in its general principles and detailed provisions of its articles Islamic law and Islamic law criminalize and prohibit such operations.

Has shown that there are common characteristics between the surrogacy contract and all of the lease and contract work, but there are some special characteristics of surrogacy contract makes it difficult to match with any of the contracts, so can not be measured in terms of his leave or prevention any of them.

There are several centers in Iraq are carried out artificial insemination in different ways, with the absence of legislation that allows a clear legal or deprived of such operations, so the legislation must be clear legal about these operations, and to take necessary legal action to prevent the conduct and dissemination of legal education and health on the negatives expected of them.