عملية التلقيح الاصطناعي و الإشكالات التي تثيرها في إثبات نسب المولود بين الشريعة الإسلامية و قانون الأسرة الجزائري

الملخص EN

This article undertakes the process of in-vitro fertilization and the issues raised regarding this technology and the stance of both Islamic law and the Algerian legislator on it, as this technology is the product of modern scientific development in various fields, including the medical field, and it has achieved great success in treating many cases of sterility.

However, using with this technique should not be left to the whims of individuals and the greed of doctors, but should be regulated by a set of legal terms that take into account public order and the priciples derived from Islamic law.

As for Islamic shariaa, it has permitted some forms of in-vitro fertilization as a treatment for sterility, and so did the Algerian legislator who authorized this technique through Article 45 of the Family Code, while respecting the terms for preserving affiliation and the sanctity of the family.

Despite the importance of this technology in solving many marital problems, it raised many moral and social issues, especially the problem of proving the paternity of the newborn, and there is no doubt that all these issues resulted in many damages, risks and problems that resulted from the intervention of foreign parties in the process.