Academic literature on the topic 'Fertilization in vitro, Human (Islamic law)'
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Journal articles on the topic "Fertilization in vitro, Human (Islamic law)"
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Görgülü, Ülfet. "The Objectionable Practises of The In Vitro Fertilization-Embryo Transfer Method With Respect to Islamic Law (Fiqh)." International Journal of Human and Health Sciences (IJHHS) 2, no. 1 (February 1, 2018): 18. http://dx.doi.org/10.31344/ijhhs.v2i1.20.
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Upon discovery of the In Vitro Fertilization and Embryo Transfer method (IVF-ET), outcomes such as production of a great number of embryos, pre-implantation genetic screening and diagnosis, sex selection and multi-parent IVF have gradually become possible. These developments need to be evaluated in the context of the general principles of Islam as well. Islamic communities have accepted the IVF-ET technology, which allows infertile couples to have children, as an exceptional solution and treatment. Nevertheless over time, the IVF method introduced expansions that contradict with religious, ethical and social values.International Journal of Human and Health Sciences Vol. 02 No. 01 Jan’18. Page : 18-24
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Farida Ulvi Na’imah, Mohammad Fahrudi Noer. "NASAB BAYI TABUNG DALAM PRESPEKTIF HUKUM ISLAM DAN MAQASID SYARI’AH." Al-'`Adalah : Jurnal Syariah dan Hukum Islam 4, no. 2 (December 10, 2019): 149–76. http://dx.doi.org/10.31538/adlh.v4i2.550.
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The main problem in this research is how the reasons for determining nasab IVF and how is the study of Maqasid al-Shari'ah about nasab ?. This research is classified as research (Librative qualitative research). In answering the existing problems, the authors collected data through documentation by utilizing several books that deal with problems. And then analyzed using descriptive methods of analysis with a deductive mindset that is expressed data in general and then drawn to specifics. The results of this study reveal that there are two ways of making IVF that are justified by religion and fulfill the legal requirements of Islamic law. Namely: 1) Fertilazation in Vitro (FIV) by taking the husband's sperm and wife's ovum then processed in vitro (tube), and after fertilization, then transferred in the wife's uterus. 2) Intra Felopian Tuba Gramet (GIFT) by taking husband's sperm and wife's ovum, and after fertilization occurs, it is immediately planted in the oviduct (fallopian tube). In terms of the Maqasid al-Sharia'h, the text is one of the goals of creating benefit, regularity and expediency to protect offspring. In the perspective of Maqasid as-Shari'ah categorized as al-Muhafadzah ala an-Nasl (maintaining offspring), namely: guaranteeing the sustainability of the human population to stay alive and develop healthy and sturdy, both character and religion.
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Juhri, Muhammad Alan, and Hidayah Hariani. "The Shifting Paradigm in Maqāsidi Discourse: A Case of Modern Islamic Bioethics." An-Nida' 47, no. 2 (December 31, 2023): 194. http://dx.doi.org/10.24014/an-nida.v47i2.25957.
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The advancement of contemporary biomedical issues has brought forth two distinct responses among Muslim scholars. The traditional view, which strictly adheres to the Quran and tradition, tends to find it difficult or even outright rejects modern biomedical practices as they may conflict with religious texts. On the other hand, the rationalist perspective tends to be more open and accommodating towards modern biomedical practices as it relies on independent reasoning detached from revelation. While acknowledging the existence of the traditionalist viewpoint in the modern era, this paper focuses on the rationalist perspective, discussing how biomedical decisions are made. By examining rationalist views on several modern biomedical issues such as organ transplantation, in vitro fertilization, and blood trading, the researcher argues that the flexibility of the maqāsid al-sharīʿah principles has become the framework in the development of this biomedical field. The researcher highlights a shift in the maqāsid paradigm from a theocentric paradigm – interpreting religion with the narrow goal of 'defending God' – to an anthropocentric paradigm – interpreting religion to defend human beings and their rights. Using discourse analysis methodology, this study argues that the paradigm shift towards an anthropocentric maqāsid has integrated Sharia with human subjectivity influenced by interests. Consequently, modern biomedical issues, which address the interests of safeguarding human life, are prioritized. Finally, although such maqāsid may potentially lead to a liquid Islamic law, the researcher concludes that an anthropocentric maqāsid paradigm will be more humane, dynamic, accommodating, and responsive to the demands of human life development. Abstrak: Kemajuan isu-isu biomedis kontemporer saat ini telah memunculkan dua aliran respon yang berbeda di mata para cendekiawan muslim. Pandangan tradisional, yang dengan ketat berpedoman pada Al-Qur’an dan tradisi, cenderung sulit atau bahkan tidak menerima sama sekali praktik-praktik biomedis modern karena bertentangan dengan nash-nash agama. Sementara pandangan rasionalis cenderung lebih terbuka dan akomodatif menerima praktik-praktik biomedis modern karena berpedoman pada penilaian akal sendiri yang terlepas dari wahyu. Terlepas dari mendiskusikan keberadaan pandangan pertama (tradisionalis) di era modern ini, makalah ini akan fokus pada pandangan kedua (rasionalis) dengan mendiskusikan bagaimana putusan-putusan biomedis dikeluarkan. Dengan mengkaji pandangan-pandangan rasionalis terhadap beberapa isu biomedis modern, seperti transplantasi organ, bayi tabung, dan jual beli darah, peneliti berargumen bahwa fleksibilitas prinsip-prinsip maqāsid al-syarīah telah menjadi framework dalam pengembangan bidang biomedis ini. Di sini, peneliti menyoroti adanya pergeseran maqāsid dari paradigma teosentris; menjalankan agama dengan tujuan ‘membela Tuhan’ dalam pengertian yang sempit, ke paradigma antroposentris; menjalankan agama untuk membela manusia dan hak-haknya. Dengan menggunakan metode analisis wacana, penelitian ini berargumen bahwa pergeseran paradigma maqāsid menuju antroposentris telah menjadikan syari’ah menyatu dengan subjektivitas manusia yang dipengaruhi oleh kepentingan-kepentingan. Karenanya, isu-isu biomedis modern, yang menjawab kepentingan menjaga jiwa manusia, adalah diutamakan. Terakhir, meskipun maqāsid seperti ini berpotensi mengarah pada liquid Islamic law, peneliti berkesimpulan bahwa paradigma maqāsid antroposentris akan lebih humanis, dinamis, akomodatif, dan responsif terhadap tuntutan perkembangan kehidupan manusia.
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Bonnicksen, Andrea L. "HUMAN EMBRYO FREEZING AND IN VITRO FERTILIZATION: POLICY DIRECTIONS." Review of Policy Research 8, no. 2 (December 1988): 380–88. http://dx.doi.org/10.1111/j.1541-1338.1988.tb01109.x.
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Kholilulloh, Habib, Nur Qomari, Khoirul Musthofa, Rusli Rusli, Kasuwi Basaiban, and Ufuqil Mubin. "Hukum Inseminasi Buatan dan Bayi Tabung serta Implementasinya." ANWARUL 3, no. 1 (February 1, 2023): 152–77. http://dx.doi.org/10.58578/anwarul.v3i1.871.
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This paper aims to examine the In Vitro Fertilization (IVF) program from the perspective of Islamic law, and positive law in Indonesia, so that it is clear whether the practice of IVF is religious or Indonesian law. In conducting the analysis, the authors use a type of qualitative literature research with a normative approach. The results of this paper are: (1) The artificial insemination program for IVF is permitted in Islamic law, with the condition that the sperm must come from the husband himself. In vitro insemination with the Surrogate Mother's uterus rental model, there are two opinions. The first opinion states that surrogacy is prohibited because it creates a mix of lineages which are also related to mahram and inheritance. The second opinion states that Surrogate Mother is allowed for emergency reasons. (2) Implementation of IVF in Indonesia is regulated in Law Number 36 of 2009 concerning Health. The law regulates the conditions and procedures that must be met to be able to participate in the program so that babies born in the program do not violate ethics in society and religion.
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Yastrebov, Oleg A. "Biomedicine and Law: mutual trust and perspectives." RUDN Journal of Law 25, no. 1 (December 15, 2021): 9–13. http://dx.doi.org/10.22363/2313-2337-2021-25-1-9-13.
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The publication raises issues of interaction of rapidly developing areas of bio-medicine and international legal standards, and national legislation of states. Attention is focused on the need for legal guarantees in the field of editing the genome of living organisms, in vitro fertilization, etc. It is proposed to form a uni-form attitude and establish the boundaries of what is permissible in the field of genetic practice so that the situation does not get out of the control of the human mind.
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Luján Espinoza, Gladys Margarita. "Legal status of the cryopreserved human embryo in peruvian civil law." Revista Ciencia y Tecnología 18, no. 4 (December 30, 2022): 87–98. http://dx.doi.org/10.17268/rev.cyt.2022.04.06.
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The present investigation is focused on determining the legal situation of the cryopreserved human embryo in Peruvian civil law from the ruling of the Inter-American Court of Human Rights in the "Case of Artavia Murillo et al. (In vitro fertilization) Vs. Costa Rica", beginning the study of file No. 02005-2009-PA/TC (case of the “Morning After Pill”) and Exp. 30541-2014-0-1801-JR-CI-01 (Amparo that authorizes the free distribution of levonorgestrel), within the framework of legislation and jurisprudence foreign, having as hermeneutical guideline the principle pro homine and pro debilis. It is concluded that the national legal system recognizes the legal status of the cryopreserved human embryo as a person, which contradicts the standard established by the Inter-American Court which excludes it from the scope of Article 4.1 of the Convention.
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Sivaraman, Mathana Amaris Fiona, and Siti Nurani Mohd Noor. "Ethics of embryonic stem cell research according to Buddhist, Hindu, Catholic, and Islamic religions: perspective from Malaysia." Asian Biomedicine 8, no. 1 (February 1, 2014): 43–52. http://dx.doi.org/10.5372/1905-7415.0801.260.
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Abstract Background: The use of embryos in embryonic stem cell research (ESCR) has elicited ethical controversies as it entails the destruction of 5-day old human embryos to harvest stem cells. Objective: To explore the ethical positions of Islam, Buddhism, Hinduism, and Catholicism concerning the use of (1) left-over embryos from in vitro fertilization (IVF) also known as ‘surplus’ embryos and (2) ‘research embryos’ which are created by scientists to conduct research using embryonic stem cells. Methods: The opinions of religious leaders of Buddhist, Hindu, and Catholic faiths in Malaysia pertaining to ESCR were examined via in-depth, semi-structured interviews while Islamic responses are collected from local writings related to the derivation of fatwa on this issue. Participants’ responses on the ethics of human stem cell research are presented as a reflection of various scriptural texts of these four religions. These are presented and supported with the help of international bioethics literature and focus on the use of ‘surplus’ embryos and ‘research’ embryos. Results: Islamic ethics deviate from Hindu and Buddhist teachings regarding saving of research embryos that have been created specifically for research and are considered as human lives only after 120 days fertilization. Hindu and Buddhists also underscore the sanctity of human life, but give priority to the alleviation of suffering in living adult humans. They generally encourage ESCR. Research is a knowledge-seeking endeavor considered noble by Islam. This is also a concept within Hindu and Buddhist philosophy; in particular, when potentially beneficial research goals are the basis. Catholicism also emphasizes sanctity of human life, but stresses also the inviolability of embryos from the moment of conception. Conclusion: Embryonic stem cell research is permissible and encouraged according to Hindu and Buddhist perspectives in view of the potential benefits of such research to society, with some reservations. This is similar to Islamic views on the ethics of ESCR. However, Catholicism differs from all the other three religions; it appears to discourage research in this field because of the likely violation of a sacred principle in Catholic teachings.
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Kowalczyk, Krzysztof. "The Position of the Law and Justice Party on the Procedure of in vitro Fertilization." Annales Universitatis Mariae Curie-Skłodowska sectio K – Politologia 30, no. 1 (October 25, 2023): 61–71. http://dx.doi.org/10.17951/k.2023.30.1.61-71.
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The main aim of this article is to analyze the position of Law and Justice party (PiS) towards in vitro fertilization (IVF) at the level of ideological and political agenda, results of parliamentary votes, and views of the electorate. Therefore, the following concepts were analyzed: the Law and Justice party doctrinal stereotype, the party's political stance on IVF, draft bills, the position of the party's club in the parliament towards the aforementioned and the results of parliamentary votes alongside the views of the electorate on IVF. Recognizing that human dignity begins with conception, the Law and Justice party is in favor of banning IVF and imposing criminal punishments for carrying it out, experimenting on embryos, and destroying them. These methods include: qualitative analysis of ideological and political program assumptions, institutional and legal assumptions, quantitative analysis of existing data. In order to determine the position of the party's electorate towards IVF, the announcements of the Public Opinion Research Center (CBOS) were analyzed.
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Jamaa, La. "Kloning Manusia Perspektif Hukum Islam Di Indonesia." SALAM: Jurnal Sosial dan Budaya Syar-i 3, no. 1 (June 25, 2016): 57–74. http://dx.doi.org/10.15408/sjsbs.v3i1.3163.
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Abstract:Reproductive cloning technology is able to facilitate artificial fertilization by using the husband's body and wife's ovum, as well the embryo transferred to the womb of the wife. So that, human cloning can give benefit to husband and wife to get child. However, human cloning technology has negative implications in case of marriage, jurisprudence, guardianship, inheritance, and investigation of criminal offense, because a person may have children cloned without marital status that can underestimate the institution of marriage. The “Nasab” of cloned child is also unclear, so it affects the guardianship, inheritance, father's responsibility to the child. Therefore, Islamic law in Indonesia prohibits human cloning.Keywords: Human Cloning, Islamic Law, Marriage. Abstrak.Teknologi kloning reproduksi mampu memfasilitasi pembuahan buatan dengan menggunakan sel tubuh suami dan ovum istri, serta embrionya ditransfer ke rahim istri. Sehingga kloning manusia dapat memberikan kemaslahatan terhadap pasangan suami istri yang tidak subur untuk memperoleh keturunan. Namun demikian, teknologi kloning manusia berimplikasi negatif, baik terhadap institusi perkawinan, nasab, perwalian, kewarisan, serta penyelidikan dan penyidikan pelaku tindak pidana. Sebab seseorang bisa punya anak secara kloning tanpa ikatan perkawinan sehingga bisa menyepelekan institusi perkawinan. Nasab anak hasil kloning juga tidak jelas sehingga berpengaruh pada perwalian, kewarisan, tanggungjawab ayah kepada anak dan sebaliknya. Karena itu hukum Islam di Indonesia melarang kloning manusia.Kata Kunci: Kloning Manusia, Hukum Islam, Perkawinan.
Dissertations / Theses on the topic "Fertilization in vitro, Human (Islamic law)"
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Al-Qasem, Leena. "Islamic ethical views in vitro fertilization and human reproductive cloning." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=78237.
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For Muslims all over the world, whether in North America where they form minorities or in all-Muslim societies, their religion permeates every aspect of their lives and ethical decision-making. It is no wonder that when deliberating the treatment of infertility or the introduction of cloning to the world, Muslims look to their Islamic scholars and await their decision on such matters. They are the ones with the most knowledge of the Quran, Sunnah, and other sources used in Islam. This thesis will explore the ethics of assisted reproduction technologies and human reproductive cloning from an Islamic ethical perspective. I will investigate the principles and regulations that are used today in the Islamic analysis of both practices.
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Fronemann, Esther. "Der Beginn der Erbfähigkeit in Fällen extrakorporaler Befruchtung : eine Untersuchung zu 1923 II BGB /." Hamburg : Kovač, 2004. http://www.gbv.de/dms/spk/sbb/recht/toc/37908578X.pdf.
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Beraldo, Anna de Moraes Salles. "Efeitos sucessórios da reprodução humana assistida homóloga post mortem." Universidade do Estado do Rio de Janeiro, 2010. http://www.bdtd.uerj.br/tde_busca/arquivo.php?codArquivo=1653.
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Conselho Nacional de Desenvolvimento Científico e TecnológicoNesta dissertação de Mestrado em Direito Civil procura-se demonstrar que as inovações biotecnológicas, principalmente da área da medicina reprodutiva, têm trazido consequências impactantes no direito de família e das sucessões, criando, assim, a necessidade de (re)adaptar o sistema jurídico brasileiro à nova (e dinâmica) realidade social, à luz dos princípios e normas constitucionais. Nesse sentido, por exemplo, repensar e reestruturar o modelo tradicional de família parece ser um passo necessário para esta (re)adaptação, uma vez que novas tecnologias, como as técnicas de reprodução assistida, criam a possibilidade de interferência externa em processos naturais de procriação, de maneira não antes prevista pela sociedade e pelo Direito. Assim, verifica-se a possibilidade de procriação de um novo descendente anos após a morte do genitor. Este trabalho busca entender e examinar as implicações de tais inovações biotecnológicas para o sistema jurídico brasileiro. Mais especificamente, busca-se entender e examinar as consequências jurídicas da reprodução medicamente assistida post mortem no âmbito sucessório, demonstrando diversas dificuldades de ordem prática, a exemplo da necessidade do respeito à igualdade entre filhos, por um lado; e a necessidade de definição da questão sucessória, por outro. Busca-se também demonstrar o modo de garantir os direitos hereditários do filho póstumo, tanto na sucessão legítima, como na testamentária. Ademais, pretende-se provocar reflexões secundárias acerca da necessidade de autorização expressa do de cujus para implantação de seu material genético no útero materno, bem como a necessidade de existência de um prazo para essa utilização, evitando que haja insegurança jurídica.
This Master in Civil Law dissertation aims at demonstrating that biotechnological innovations, most especially in the field of reproductive medicine, have fundamental implications for family law and inheritance law, thus creating the need for (re)adapting the legal system to the new (and dynamic) social reality, in light of the Brazilian constitutional principles and norms. In this regard, for instance, rethinking and restructuring the traditional family model seems to be a necessary step within this legal (re)adaptation, since new technologies, such as techniques of assisted human reproduction, create the possibility of interfering in natural processes of procreation in ways not foreseen by society and the law. In this regard, it is now possible to imagine the birth of a child years after the death of the parent. This research seeks to understand and examine the implications of such biotechnological innovations for the Brazilian legal system. Most specifically, it aims at understanding and examining the implications of post mortem assisted reproduction for the law of succession, demonstrating and commenting on various practical difficulties, such as the need for respecting the equality of children, on the one hand, and the necessity of defining the succession problem, on the other. This work also seeks to demonstrate how to ensure the inheritance rights of the posthumous son, both in the legitimate succession and in the testament succession. Furthermore, it aims at suggesting and provoking secondary reflections on the need for previous and explicit authorization from the deceased parent for implanting his genetic material into the womb of the widow, and the need for clarifying and determining the period in which this use of genetic material may be authorized, avoiding legal uncertainty.
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Kempf, Denise Fátima. "Proteção da vida humana embrionária e repercussão no campo jurídico e ambiental." reponame:Repositório Institucional da UCS, 2011. https://repositorio.ucs.br/handle/11338/604.
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O avanço da ciência, em especial na área da reprodução humana, permitiu a ocorrência de concepção humana de forma extracorpórea através do processo de fecundação in vitro a ser feita em laboratório especializado em reprodução humana assistida. Os embriões não implantados em útero materno são criopreservados. Este trabalho busca trazer os questionamentos da bioética, do biodireito, a cerca deste tema e das questões nele envolvidas. Também examina o enquadramento destes embriões sob a ótica da proteção Constitucional do patrimônio genético, da inviolabilidade da vida e da dignidade da pessoa humana. Trata também do Meio Ambiente quando aborda a Constituição Federal Brasileira de 1988, que em seu artigo 225 § 1º, inciso I, legisla sobre a preservação e restauração dos processos ecológicos e, no inciso II, determina que incumbe ao poder público preservar a diversidade e a integridade do patrimônio genético do País ficando demonstrado que tratar de embriões é tratar de patrimônio genético e de Meio Ambiente.Trata ainda da Nova Lei de Biossegurança/2005, a qual veio permitir pesquisas com célulastronco de embriões criopreservados, bem como a regulamentação desta Lei, tratando ainda sobre a Ação Direta de Inconstitucionalidade (ADIN) 3.510-0 que fora proposta junto ao Supremo Tribunal Federal (STF), questionando a constitucionalidade da permissão legal destas pesquisas. Dessa forma, é feita uma análise sobre a legislação existente com vistas a obter uma visão sobre eventuais direitos e proteção dos embriões criopreservados.Submitted by Marcelo Teixeira (mvteixeira@ucs.br) on 2014-06-04T19:54:25Z No. of bitstreams: 1 Dissertacao Denise Kempf.pdf: 1443498 bytes, checksum: 1586cffbe1630fc158628d51f0cd295a (MD5)
Made available in DSpace on 2014-06-04T19:54:25Z (GMT). No. of bitstreams: 1 Dissertacao Denise Kempf.pdf: 1443498 bytes, checksum: 1586cffbe1630fc158628d51f0cd295a (MD5)
The advancement of science, particularly in the area of human reproduction, allowed the occurrence of human conception in a bypass through the process of in vitro fertilization to be made in a laboratory specializing in assisted human reproduction. The embryos not implanted in the uterus are cryopreserved. This work seeks to bring the questions of bioethics, the biolaw, about this issue and the issues involved. It also examines the framework of these embryos from the perspective of Constitutional protection of genetic heritage, the sanctity of life and human dignity. It also deals with the Environment when addresses the Brazilian Constitution of 1988, which in article 225 § 1, section I, legislation on the preservation and restoration of ecological processes and, in section II, provides that "it is for the government to preserve the diversity and integrity of the genetic heritage being shown that treating embryos is to address genetic heritage and also the Middle Ambiente.Trata Biossegurança/2005 New Law, which has allowed research on stem cells from cryopreserved embryos, as well as regulation this Act, still dealing with on the direct action of unconstitutionality (ADIN) 3510-0 which was proposed to the Supreme Court (STF), questioning the constitutionality of the legal permission of this research. Thus, an analysis is made on the existing legislation in order to get an insight into possible rights and protection of cryopreserved embryos.
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Smith, Malcolm. "Regulating IVF and pre-implantation tissue-typing for the creation of "saviour siblings" : a harm analysis." Thesis, Queensland University of Technology, 2010. https://eprints.qut.edu.au/35798/1/Malcolm_Smith_Thesis.pdf.
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Scientific discoveries, developments in medicine and health issues are the constant focus of media attention and the principles surrounding the creation of so called ‘saviour siblings’ are of no exception. The development in the field of reproductive techniques has provided the ability to genetically analyse embryos created in the laboratory to enable parents to implant selected embryos to create a tissue-matched child who may be able to cure an existing sick child. The research undertaken in this thesis examines the regulatory frameworks overseeing the delivery of assisted reproductive technologies (ART) in Australia and the United Kingdom and considers how those frameworks impact on the accessibility of in vitro fertilisation (IVF) procedures for the creation of ‘saviour siblings’. In some jurisdictions, the accessibility of such techniques is limited by statutory requirements. The limitations and restrictions imposed by the state in relation to the technology are analysed in order to establish whether such restrictions are justified. The analysis is conducted on the basis of a harm framework. The framework seeks to establish whether those affected by the use of the technology (including the child who will be created) are harmed. In order to undertake such evaluation, the concept of harm is considered under the scope of John Stuart Mill’s liberal theory and the Harm Principle is used as a normative tool to judge whether the level of harm that may result, justifies state intervention or restriction with the reproductive decision-making of parents in this context. The harm analysis conducted in this thesis seeks to determine an appropriate regulatory response in relation to the use of pre-implantation tissue-typing for the creation of ‘saviour siblings’. The proposals outlined in the last part of this thesis seek to address the concern that harm may result from the practice of pre-implantation tissue-typing. The current regulatory frameworks in place are also analysed on the basis of the harm framework established in this thesis. The material referred to in this thesis reflects the law and policy in place in Australia and the UK at the time the thesis was submitted for examination (December 2009).
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Reddy, Nilam. "The medico-legal and ethical issues surrounding the creation of a human embryo." Thesis, 2001. http://hdl.handle.net/10413/9520.
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Donaghey, Bronwyn. "Regulating the biological family : policy, genetics, discourse, and diminishing ’other’ bodies." Thesis, 2006. http://hdl.handle.net/2440/57101.
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This thesis identifies and elaborates on the way in which notions of genetic inheritance connect with notions of ’proper’ families and hence shape policies concerning reproduction and family formation. Assumptions about the structure and shape of the ’proper’ or ’traditional’ family - as a heterosexual two-parent unit with biological children - and its claim to naturalness, are embedded in policies related to reproductive technologies and family formation. The thesis explores the discourses surrounding the following specific policies - surrogacy, IVF, adoption, abortion, child support and posthumous reproduction - to elucidate the frameworks of meaning within which we understand these issues.Thesis (Ph.D.) -- University of Adelaide, School of History and Politics, 2006
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Donaghey, Bronwyn. "Regulating the biological family : policy, genetics, discourse, and diminishing ’other’ bodies." 2006. http://hdl.handle.net/2440/57101.
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Title page, contents and abstract only. The complete thesis in print form is available from the University of Adelaide Library.This thesis identifies and elaborates on the way in which notions of genetic inheritance connect with notions of ’proper’ families and hence shape policies concerning reproduction and family formation. Assumptions about the structure and shape of the ’proper’ or ’traditional’ family - as a heterosexual two-parent unit with biological children - and its claim to naturalness, are embedded in policies related to reproductive technologies and family formation. The thesis explores the discourses surrounding the following specific policies - surrogacy, IVF, adoption, abortion, child support and posthumous reproduction - to elucidate the frameworks of meaning within which we understand these issues.
http://proxy.library.adelaide.edu.au/login?url= http://library.adelaide.edu.au/cgi-bin/Pwebrecon.cgi?BBID=1295254
Thesis (Ph.D.) -- University of Adelaide, School of History and Politics, 2006
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Pretorius, Diederika 1951. "Surrogate motherhood: legal issues." Thesis, 1991. http://hdl.handle.net/10500/22948.
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Surrogate motherhood is one of the most controversial issues
of our time. The increase in infertility and the shortage of
babies available for adoption, have provided an incentive
for research in assisted reproductive techniques. Rapid
advances in this field have caught the legal system
unprepared in many ways.
The object of this thesis is to investigate the legal
aspects of surrogate motherhood. A background is provided
by an in depth examination and analysis of the practice of
surrogacy in foreign jurisdictions. For this purpose a
selection of interdisciplinary, medical and juridical
reports, court decisions and legislation is analysed.
The surrogacy agreement is affected by principles of both
public and private law. As the agreement is based on
consensus between the parties, Roman Law principles of the
law of obligations, provided a valuable point of departure
in establishing a theoretical basis for the classification
of surrogacy agreements. Having determined the nature of the
agreement, the content is analysed with due regard to
statutory and other relevant considerations, such as the
boni mores, and submissions made regarding the
enforceability and legality of such agreements.
A surrogate mother agreement model is proposed and analysed
in the light of existing South African law. The various ways
in which surrogacy contracts may be breached are examined
and recommendations put forward regarding possible delictual
or contractual remedies.
The legal relationship between the surrogate child and its
gestational (birth) mother and her husband on the one hand
and the intended parents on the other is investigated.
The role of the courts in custody issues - related to
surrogacy - is examined and recommendations put forward as
to how they may be included in the process by determining
the best interest of the surrogate child prior to artificial
insemination.
The civil and criminal liability of medical practitioners
involved in assisted reproductive technology and
specifically surrogacy are expounded. Key issues in the
practice of surrogate motherhood are interpreted in the
light of existing statutory and common law principles.
Recommendations are put forward on these issues and a bill
proposed for the regulation of surrogate motherhood in South
Africa.Private Law
LLD
Books on the topic "Fertilization in vitro, Human (Islamic law)"
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Ṭahmāz, ʻAbd al-Ḥamīd Maḥmūd. al- Ansāb wa-al-awlād: Dirāsah li-mawqif al-sharīʻah al-Islāmīyah min al-talqīḥ al-ṣināʻī wa-mā yusammá bi-aṭfāl al-anābīb. Dimashq: Dār al-Qalam, 1987.
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Maḥmūd, Maḥmūd Aḥmad Ṭāhā. al- Injāb bayna al-tajrīm wa-al-mashrūʻīyah. [al-Iskandarīyah]: Tawzīʻ Munshaʼat al-Maʻārif bi-al-Iskandarīyah, 2003.
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Alahī, ʻĀṣif Ḥamd. Barʹrasī-i taṭbīq fiqhī va ḥuqūqī: Qarārdād-i istifādah az raḥm jāyguzīn. Tihrān: Majmaū-i ʻIlmī va Farhangī-i Majd, 2009.
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Shammarī, Ḥaydar Ḥusayn Kāẓim. al-Ikhṣāb al-iṣṭināʻī al-lāḥiq li-inḥilāl al-rābiṭah al-zawjīyah: Dirāsah qānūnīyah muqāranah bi-al-fiqh al-Islāmī. al-Iskandarīyah: Dār al-Taʻlīm al-Jāmiʻī, 2020.
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Tharīb, Qāʼid ʻĪsá. al-Masʼūlīyah al-madanīyah lil-ṭabīb al-nāshiʼah ʻan ʻamalīyāt al-talqīḥ al-ṣināʻī. al-Qāhirah: Dār al-Nahḍah al-ʻArabīyah lil-Ṭabʻ wa-al-Nashr wa-al-Tawzīʻ, 2019.
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Ilāhī, Nijāt Fayz̤. Ihdāy-i janīn va dīgar ravish hāy-i bārvarī-i kumakī dar ḥuqūq-i īrān. Tihrān: Intishārāt-i Jangal, 2010.
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Murtaz̤avī, Sayyid Muḥsin. Talqīḥ-i maṣnūʻī dar āyinah-i fiqh. Qum: Muʼassasah-i Būstān-i Kitāb, 2019.
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Barzanjī, Mundhir Ṭayyib. ʻAmalīyāt aṭfāl al-anābīb wa-al-istinsākh al-basharī fī manẓūr al-Sharīʻah al-Islāmīyah. Bayrūt, Lubnān: Muʾassasat al-Risālah, 2001.
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Saḥmāwī, Hayām Ismāʻīl. al-Injāb ʻan buʻd wa-al-āthār al-mutarattibah ʻalayhi bayna al-sharīʻah wa-al-qānūn: Dirāsah muqāranah = At distance reproduction. al-Qāhirah: Dār al-Kitāb al-Miṣrī, 2018.
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Karīmīʹniyā, Muḥammad Mahdī. Vaz̤ʻīyat-i fiqhī va ḥuqūqī-i kūdakān-i ḥāṣil az talqīḥ-i maṣnūʻī, shubhah va zinā: The fiqh and legal status of children born of artificial insemination, doubt and adultery. Tihrān: Majmaʻ-i ʻIlmī va Farhangī-i Majd, 2016.
Find full textBook chapters on the topic "Fertilization in vitro, Human (Islamic law)"
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Walters, LeRoy. "Ethical Issues in Human in Vitro Fertilization and Embryo Transfer." In Genetics and the Law III, 215–25. Boston, MA: Springer US, 1985. http://dx.doi.org/10.1007/978-1-4684-4952-5_16.
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Handayani, Trini, and Henny Nuraeny. "Criminal Law Study on Sperm Trading as a Part of Human Organ in Vitro Fertilization Process for Infertile Couple." In Advances in Social Science, Education and Humanities Research, 311–20. Paris: Atlantis Press SARL, 2023. http://dx.doi.org/10.2991/978-2-38476-024-4_33.
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Guzmán, Silvia Serrano. "The Transformative Impact of the Artavia Murillo Case on In Vitro Fertilization." In The Impact of the Inter-American Human Rights System, 285–302. Oxford University PressNew York, 2024. http://dx.doi.org/10.1093/oso/9780197744161.003.0016.
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Abstract The Artavia Murillo judgment of the Inter-American Court of Human Rights is paradigmatic for several reasons. This chapter examines those reasons and analyzes the transformative impact of the case at three levels. First, considering the judgment itself, it was the first opportunity to develop the case law of the Inter-American System in various directions, including the recognition of a right to reproductive autonomy and the proper interpretation of the scope of the protection of the right to life in the American Convention on Human Rights. The interpretation of the Court has been used by a number of domestic tribunals of other States as the basis for the recognition of reproductive rights, including the progressive decriminalization of abortion. Second, although the case was presented by eighteen individualized victims, it had a nationwide impact in Costa Rica in favor of all infertile couples whose only option to have biological children was in vitro fertilization (IVF). Moreover, the case allowed for IVF to make its way into the public health system of Costa Rica. Third, during the process of supervision of compliance, the Court had an unprecedented role in safeguarding the effectiveness of its decision. This chapter describes and comments each component of the widespread and multilevel impact of the case.
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Pastrello, Matheus Toledo, Edmara Pamela Izaías, Gustavo Soldá Barboza, Pamela Lorraine Fagundes da Silva, Wallace Cardozo Alves, Kauã Ricardy Gomes Barboza, and Andreia Estela Moreira de Souza. "Stem cells: concepts, applications and ethical implications." In Health of Tomorrow: Innovations and Academic Research. Seven Editora, 2024. http://dx.doi.org/10.56238/sevened2023.007-034.
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Introduction. Stem cells are undifferentiated cells or cells with a low degree of differentiation, originating from the embryo or extraembryonic tissues, which can differentiate into various types of tissues according to their plasticity, being promising in the therapy of various diseases. Objective. The objective of this study was to review the literature on the different types of stem cells, recent research on their use and current Brazilian legislation. Methodology. For this, a bibliographic survey was carried out in the VHL Health database using stem cells, legislation, biosafety, and applications as descriptors. Results. Stem cells have the potential to recompose damaged tissues and thus aid in the treatment of diseases such as cancer or degenerative diseases. There are three types of stem cells: totipotent, removed in the morula phase, capable of generating any cell in the body, pluripotent, obtained in the blastula phase and which have undergone the first differentiation, which can originate body tissues, and multipotent, of mesenchymal origin, present in the adult organism, with limited capacity for differentiation. In Brazil, the use of stem cells is allowed through the Biosafety Law 11.105, of March 24, 2005, which authorizes, for research and therapy purposes, the use of embryonic stem cells obtained from human embryos produced by in vitro fertilization, provided that the following conditions are met: that they are non-viable embryos; or that they are embryos that have been frozen for three years or more. This use has recently come under discussion due to Bill No. 5153, of 2020, in progress, which aims to make it a crime to use embryonic stem cells for any purpose. Conclusion. It is concluded that stem cells from cryopreserved embryos, if not used, become non-viable and can be discarded. Studies have shown that they can be used for the regeneration of injured tissues, having the potential to solve several diseases, and these two facts should be considered in any ethical discussion about them.
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Čović, Ana. "Savremene bioetičke dileme i genetski inženjering – troroditeljski embrioni i GMO bebe." In Uporednopravni izazovi u savremenom pravu - In memoriam dr Stefan Andonović, 515–29. Institut za uporedno pravo; Pravni fakultet Univerziteta u Kragujevcu, 2023. http://dx.doi.org/10.56461/zr_23.sa.upisp_ac.
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Life in the 21st century brings new legal, but also bioethical and moral dilemmas in the spheres of social life, which, in addition to questions from the fields of law and medicine, are closely related to questions from the fields of religion, philosophy, psychology and sociology. Therefore, an attempt to take a broader view of current events and give an answer to current dilemmas and doubts regarding topics that deal with the ab (use) of various medical treatments that concern the life of a person, his health, offspring, but also death, represents a great challenge for all lovers of multidisciplinary research, but also the obligation to us, as lawyers, speak in the name of science and trace the path to future legal solutions. The seriousness of this obligation and duty must not be underestimated, since the issues of surrogacy, in vitro fertilization and the child’s right to know his origin (especially in a situation where the donor is unknown), organ donation and euthanasia, are issues that directly and directly affect the beginning, that is, the extension and end of human life, and when we talk about medically assisted reproductive technologies, and the future of the unborn child, which may very well be conditioned (biologically, emotionally, psychologically) by the circumstances under which it was born. When we talk about medically assisted reproduction, the speed of development of science in this area has opened, one might say, a Pandora’s box of legal and bioethical issues. While a large number of feminists emphasize the significant and dominant influence of the patriarchal environment and culture on the formation and decision-making of a woman to expose herself to numerous risky, and not quite harmless, medical treatments for the purpose of realizing the maternal role, thus becoming more fully accepted by the social community where still today without offspring woman is not valued in the same way, most questions remain without answers and without wider social consensus, which is contributed to by the absence of knowledge and information, and therefore without a critical attitude, not only among the wider population, but also in the scientific and professional community itself. Where are the boundaries between rights and the legalization of something that isn’t right, and is the conformity of a norm with morality and ethics necessary for the norm to be purposeful and in the service of the common good, or is law today, more clearly than ever before, only an instrument and a means for legalization every wish and whim of man and various interest groups, is a legal, but also a philosophical and theological question, to which the answer must be given. This is especially so if we consider the issue of three-parent embryos - combining the genetic material of three people for the purpose of obtaining a genetically healthy child, which is a legal procedure in some countries today. Do human dignity and the assumption of man as a subject of law exclude the possibility of legalizing experimentation, manipulation, exploitation and human destruction (physical, spiritual, emotional, financial), or are biotechnological procedures aimed at improving man, his characteristics and the overall quality of life, supreme the good and the achievement of the modern era, which as such justifies the reduction of a human being to an object of law?