Journal of Islamic Law Research

Journal of Islamic Law Research

Affiliation of the Child Born via Surrogacy

Type : Research Article

Authors
Abstract
Affiliation is a matter of fact itself, having an actual origin from which it is abstracted. Since the affiliation of the child to his father depends on the creation of the child from his sperm, and the owner of the sperm is considered the father of the child, determination of paternal affiliation—unlike maternal affiliation—is not so difficult. There are different theories concerning maternal affiliation, since mothers have natural relations to their children not only biologically but also physiologically. Which of these two facts can be a source of valid consideration or abstraction of affiliation? Regarding affiliation in cases involving surrogacy, the present article studies paternal as well as maternal affiliation in different cases of surrogate mothers.
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Volume 9, Issue 2 - Serial Number 28
Summer 2009
Pages 127-201

  • Received 04 November 2008
  • Revise 07 January 2009
  • Accepted 26 January 2009