Social Science · Original Research

Surrogacy contract between permissibility and prohibition

Sangar Ali Rasul1

1 Department of Law, Faculty of Humanities, University of Raparin , Rania, Kurdistan Region, Iraq.

Published
April 13, 2020
Volume
7 (2), 242-261
License
CC BY 4.0
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Abstract

The law is a set of general and abstract rules of conduct that regulate the ties in society, and it is associated with punishment for those who violate it, and the development of these social ties would make legal rules unfeasible. Consequently, the necessity to alter, amend or repeal those rules in response to the growing needs of society so that the legislator can bring the laws in line with these advancements.This includes artificial insemination with surrogacy and the subject is a new emerging and innovative idea, particularly in the legislation of states that authorize it which requires a legal regulation aligned with that progress.The research relies on the analytical approach in dealing with details of the subject, and the research structure is based on two sections, we discussed in the first section of what is surrogacy by defining it and presenting its characteristics. In the second section, the provisions of surrogacy between Sharia and law are discussed. The conclusion of the research includes some of the findings and recommendations that might be appropriate to our modest view.

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Surrogacy contract between permissibility and prohibition

Sangar Ali Rasul

The law is a set of general and abstract rules of conduct that regulate the ties in society, and it is associated with punishment for those who violate it, and the development of these social ties would make legal rules unfeasible. Consequently, the necessity to alter, amend or repeal those rules in response to the growing needs of society so that the legislator can bring the laws in line with these advancements.This includes artificial insemination with surrogacy and the subject is a new emerging and innovative idea, particularly in the legislation of states that authorize it which requires a legal regulation aligned with that progress.The research relies on the analytical approach in deali...