نسب طفل التلقيح الإصطناعي : طفل الأنابيب

الملخص EN

The phenomenon of pipes children has been well known since 1398 AH, 1978 when the first 'pipes child' was born, the fetus was a baby girl.

The child was called 'Lewis Brown ' after the physician, Seetu had taken a fertilized, ovo from the mother (Leizi Brown) and a spermatozoon ,from the husband ,,and consequency the fertilized ova was placed in side 'the mother 's uterus in suitable fluid to be fertilized .Hence the was conceived in a normal manner and gave birth to the baby girl whose mother has been awaiting for eagerly .Then the phenomenon spread widely as a mean that can be utilized in the field of treating of the problem of sterility among women and men .

There is a probability that sterility may by caused by contraction, the blocking of the ovaries of the woman or impotency on the part on the married man .

From the foregoing underlying causes come the signjicance of the research as it is one of the ways to treat the problem of the of jilted woman and man paradoxically , after apace of time problematic legal issues arose as direct impact of the ways adopted in treating the problem of the sterility as well as some ethical issues have come up , consequently the issues arose are flagrant breach, Islamic doctrine thus, it entails violation rational solution to tackle the disruption and chaos which has adverse impact of the phenomenon under investigation and rectify the issue in the frame of Islamic perspective.

In addition the research aimed to address 'the complication 'that emery due to the question of the ''pipes child '' delaine of uterus ,sperm pars age 'expenditure on the pipe child , break fasting during Ramadan ,cleansing by the one who expenditure the process of fertilization ,the prohibition of marriage , inheritance nurturing ,confinement ,riddance of pipe child and other issues pertinent to the guest ion under investigation .

On the other hand ,the discursion in the researcher focused specifically on the relation of the pipes child and the first problematic quest ion the richer a will pose :does the relationship of the child is owned by the uterus owner , is it the ovum's proprietor , or the payee of cost of the surgical operation to consummate it on her account .

Moreover ,another question would arise up.

Who would be the father ,the owner of the sperm or the one who paid the money to child or the husband if he is a lawful husband?.It is doubtless ,the above _mentioned is a matter of key importance and sensitive issue which has a jurisprudence impact , the resultant of this experience the analytical inductive approach .

The most salient result are : The pipe child is linked to the woman who conceived him / her and gave birth to him , her , irrespective of being a wife or unmarried and should on no account related to the woman who owned ovum ,not also related to the woman who paid the cost or any other woman.

Further relationship or blood kindred can be proven on the part of the women by labor,and in case of a man through bed consummation between the wedded persons .Verily Islamic doctrine founded blood kindred upon suspicion not upon scientific evidence ,In addition Islamic doctrine prohibites utilizing artificial fertilization except there is a dire need and under forging is restricted and that process is only permissible to combat sterility and to overcome its provided that the process is performed by a competent physician and has probity in his religion as far as possible after prior wedded approved the process