THE LEGALITY OF SELECTIVE REDUCTION IN MULTIPLE PREGNANCIES DURING INFERTILITY TREATMENT OF COUPLES: THE CASE STUDY OF IRANIAN LAW

Abstract

Even if the Medical Abortion and Embryo Donation Acts approved in 2002 by the Iranian Legal System can be exploited to treat infertility among couples in Iran, selective reduction as one of the most commonly used procedures, has been declared illegal by Shiite jurists due to the expulsion of a number of embryos. Given that physicians destroy the weak embryos in multiple pregnancies in order to help the strong one in selective reduction between the 10th and 13th gestational weeks, and the existing laws on infertility treatments are not up-to-date or do not comply with new methods, including selective reduction, infertile couples have been facing many problems. Accordingly, the rights in infertility treatments in Iran, require more comprehensive and new legislations by pointing out the restrictions and legalities in the law, without stipulating a specific method. Upon making the law in this line, judges can deal with the requests filed by couples in each case separately, and according to the legal restrictions, and then issue a verdict regarding treatments demanded, by taking account of all new infertility treatment methods. This study reflects on the arguments against the multifetal pregnancy reduction (MFPR) in Iran, before going over the Medical Abortion and Embryo Donation Acts for Iranian infertile couples. With regard to the illegality of some infertility treatments, this study provides solution that can be consider by the legislator especially in Iran, and can be reviewed by other countries as a case study.