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:: Volume 22, Issue 4 (3-2017) ::
Ir J Forensic Med 2017, 22(4): 299-314 Back to browse issues page
A Review of Criticisms against Embry Cryopreservation Contract and Explication of its Legal Nature
Nazila Taghavi , Reza Omani Samani Dr * , Mohammad Asadinejad Dr
, r.samani@gmail.com
Abstract:   (1262 Views)

Background and purpose: Infertility is a big problem for families. Fortunately methods of Assisted Reproductionhas provided hope of Childbearing for infertility families that one of them is cryopreserve embryos. People may desire to have a contract for cryopreservation of embryo due to cancer, Infertility preservation and etc. After conclusion cryopreservation contract; the couples' gametes will be transformed into an embryo through in – vitro fertilization, and then cryopereserve during medical operation and kept in a special device until the transfer to the uterus. As the use of cryopreservayion embryo method, arise legal, judicial and moral issues, that necessary specialists study them. Our aims are review of criticisms against Embry cryopreservation contract and explication of its legal nature

Methods: Our method was to review papers, books and Legal texts about the subject. In addition legal analyses have also been done.

Finding: The study revealed that the cryopreservation contract is a valid contract, and considering its specific special legality basis of legality should be counted as an undefined contract.

Conclusion: Replying the mentioned criticisms and expression legal reasons can prove the validity of such a contract. The rules governing such contracts as those of deligation, deposit, hiring and reward may be applicable to the eontract for embryo cryopreservation. The authors believe that this contract is a combination of persons Rent, deposit & hiring contracts. That's mean in the first step, the cryopreservation center as hired, according to wish of the couples; make embryo through IVF and cryopreseve it. Then the embryo cryopreservation machine will be hire to couples and they deposit it to cryopreservation centers to protec their embryo. Since this contract will be created with an intention, they are placed among undifined contracts.

Keywords: cryopreservation, embryo, undefined contract, contractual freedom
Full-Text [PDF 963 kb]   (580 Downloads)    
Type of Study: Research | Subject: Medical Law
Received: 2016/04/14 | Accepted: 2016/07/19 | Published: 2017/03/19
* Corresponding Author Address: PhD in Medical Ethics, Assistant Professor and Management of Epidemiology & Reproductive Health Department Reproductive Health Research Center of Royan, Tehran, Iran
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Taghavi N, Omani Samani R, Asadinejad M. A Review of Criticisms against Embry Cryopreservation Contract and Explication of its Legal Nature. Ir J Forensic Med. 2017; 22 (4) :299-314
URL: http://sjfm.ir/article-1-863-en.html

Volume 22, Issue 4 (3-2017) Back to browse issues page
مجله پزشکی قانونی ایران Iranian Journal of Forensic Medicine
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