So far, more than 2 million babies have been born worldwide through assisted reproductive technologies (ART). For many couples there is no treatment except joining a third party to the family. Recently, embryo DONATION law has been approved by Iran’s parliament and now it is legal in Iran. But there is a misunderstanding in the source of embryos: from surplus frozen embryos of infertile couples and sperm and egg DONATION from fertile married couples followed by DONATION of the resulting embryos. Here in this paper we discussed ethical, religious and legal aspects of these two procedures and present the advantages and disadvantages of them. Meanwhile, the new term "both GAMETE DONATIONs" was defined for the misplaced program instead of "embryo DONATION". In conclusion we can say: 1) Iranian law means only embryo DONATION and covers only surplus embryos from other infertile couples and not both GAMETE DONATION. 2) As GAMETE DONATION is practiced in Iran upon decrees of clergy leaders, there is nothing against both GAMETE DONATIONs. 3) There are so many ethical, legal and religious questions about "both GAMETE DONATION" to be answered. 4) Ethical and religious questions are very fewer about "embryo DONATION" comparing to "both GAMETE DONATION" program, and 5) Embro sharing is a good way for DONATION of fresh embryos.

Semen DONATION is one of the earliest - and technologically least sophisticated - forms of assisted reproduction, with evidence of physicians offering the service at least as far back as the mid 19th century CE. However, from the outset, the dubious acceptability, morality and legality of the practice ensured that it was practiced as a clandestine rather than simply a confidential medical service. Physicians ensured that donors (frequently their friends and professional colleagues) and recipients never knew of each other’s identity, often advised recipients and their partner not to tell anyone – including their child(ren) – of their recourse to semen DONATION, and no provisions were made for donor-conceived people to learn anything about their donor. Secrecy, anonymity and donor recruitment practices promoted the use of semen from a single donor on multiple occasions, and it is known that some donors have helped to conceive many dozens of offspring. As demand for semen DONATION increased, physicians sought to recruit new donors, offering modest financial reward as an incentive. Subsequent technological developments enabled oocyte and embryo DONATION to become widely available, applying similar practice models to those already adopted for semen DONATION, although higher levels of financial compensation have tended to be offered to oocyte donors. While semen, oocyte and embryo DONATION were initially intended to assist heterosexual couples with a fertility difficulty to conceive a child, they have become a key means by which single women and lesbian couples (using donated semen) and post-menopausal women (using donated oocytes or embryos).Although comparatively little empirical information concerning GAMETE DONATION is available, primarily because it was set up in a way that precludes the accumulation of an adequate evidence base, a number of ethical issues have emerged and which will be discussed in this presentation, including:• Service providers’ responsibilities to promote evidence based practice• Service providers’ responsibilities towards donors, recipients and donor-conceived individuals• Welfare of donor-conceived individuals-including • Separation of children from their genetic parent(s)• Limits on the number of offspring conceived by the GAMETEs of a single donor• Information for donor-conceived individuals about their genetic and biographical history and about their genetic relatives • Use of GAMETE and embryo DONATION by single women, individuals in same sex relationships and older, post-menopausal women.• Donors’ responsibilities and obligations • Commercialisation of GAMETE procurement and financial rewards for donors • Risks of donor exploitation

Objective(s): Children as members of the human community have certain rights, and all schools of law (religious or conventional) recognize these rights. So the way a child is born must not be held as a reason to deprive him/her of part of his/her rights. An important matter concerning DONATION of GAMETE (sperm or ovum) is restoration of the rights of those children who are produced from donated sperm or ovum, or, in some cases, born to a surrogate mother. Obviously, if we apply the traditional laws on the rights of naturally-born children in dealing with inheritance, custody, guardianship, alimony, and legitimacy of marriage of those children, we can hardly be successful in restoring their rights. The author in this paper will do his best to come up with appropriate ways of treating this modern phenomenon by reviewing the ideas of religious jurisprudents and, in some cases, jurists. The aim is to present a reasonable method and practical proposals. Hopefully, the results would help in formulating laws and drawing up the necessary by laws. Results: Deficiencies of infertile women or women who want to have a child through GAMETE DONATION fall into the following categories: 1. the husband lacks fertile sperm and his wife possesses healthy ovum and womb (sperm DONATION); 2. The husband lacks fertile sperm and his wife lacks fertile ovum but possesses.  Healthy womb (sperm and ovum or womb DONATION); 3. The husband possesses fertile sperm but his wife lacks fertile ovum (ovum DONATION). Conclusion: In all the above cases the woman plays her key role in the child's birth: of course, in case (1) she fulfills her function totally (functions related to ovum and womb), and in case (2) she only fulfills the womb function and giving birth to the child. In this paper, the author will argue that both the owner of womb and the owner of ovum can be considered the child's mother. Based on this fact, in GAMETE DONATION the child will have a lineage through his/her mother and all his/her rights can be proved and restored. In such cases, the child's mother can assume some of the responsibilities which in case of naturally-born children fall on the father. A husband who is not considered the child's natural father in cases (1) and (2) but wants to have a child through sperm DONATION must accept some responsibilities for meeting the child's needs and protecting him/her, and even consider resources as a substitute for inheritance in his will. Of courses, this must be within one-third of the father's possessions, or grants in his lifetime. As for the issue of proximity and legitimacy of marriage, arguments concerning foster children can be applied.

Objective: One of the most controversial issues in DONATION protocols is anonymity. This is mostly refers to disclosure the identity of the donor to recipient or to the resulting child. Some countries have positive and some have negative position toward anonymity. For example HEFA in UK have passed a rule that at 18th year of child’s age, the donor identity and address must be given to the child and also it is considered as a right for him to contact or see his genetical parents. On the contrary, some other countries like Russia, Belgium, Spain, France and Zech republic have accepted the complete anonymity.Materials and Methods: Still, in Iran, there is not any law or legislation in this regard, but, as mentioned in Article no: 167 of Iran Constitution, in the cases that there is no law, people can rely on decrees of clergy leaders “Ayatollahs”.Results: According on our investigation among decrees, there are two groups of clergy leaders, the first are against anonymity specially for child, and the second are in agree with it. In a society like Iran in which, DONATION children and parents rights are not well defined, and many of these rights and relations are directly connected to the lineage, DONATION without anonymity may put the families and children in danger.Conclusion: The advantages and disadvantages of anonymity in Iranian society are discussed in this paper along with basis of the clergies’ ideas about it.

BACKGROUND AND OBJECTIVE: Although establishing commandments of GAMETE DONATION is a new subject and doesn’t have much background, but some contemporary religious jurisprudence has discussed it and its cases have been mentioned according to their jurisprudence point of view. The aim of this study was to determine certain legal relations of persons with sexual cells and study paternal and maternal concept and achieve to establishing commandments of GAMETE DONATION concerning to parentage, guidance, guardianship, alimony, close relationship, marriage, heritage and so on.METHODS: Because in every religious jurisprudence discussion, its related theological texts necessarily should study for document and indication, so the base of this task is investigation and research in resources and theological texts and also past and contemporary religious jurisprudence speeches and ideas.FINDINGS: From religious jurisprudence point of view, father is the only one who is owner the spermatozoon and mother is the only one who is owner the ovule. Because of this, a man who is not owner the spermatozoon is not legal father and a woman who takes the ovule from another person is not legal mother. On this basis, the children of spermatozoon or ovule donors account as legal brothers and sisters of the children resulting from GAMETE DONATION. CONCLUSION: According to the results of this study, persons who receive and donate GAMETE should be familiar with the rules such as parentage, guardianship, alimony, close relationship, marriage and so on, in order not to face difficulties for religious rules.

By introducing new assisted reproductive technologies to the scientific world, the ethical issues are drawn. One of the issues is anonymous DONATION of GAMETE. Each country has its own law for anonymous DONATION. Some permit it and some don't. Antagonists introduce some reasons against it such as the right to know, necessity of knowing medical background, avoiding incest, decreasing the level of confidence/identity problem of child and analogy between adaption and anonymous DONATION. Pros have some reasons such as unimportance of genetic relation, protecting family unit, protecting child and parents against society's reaction, destroying child-parent relation, reproductive liberty and privacy, creating new kinds of family, creating training system for the child and decreasing child's stress about genetic relation. A library research method has been used and both English and Persian sources have been considered.

During recent decades, new assisted reproductive technologies (ARTs) has been improved significantly, but its ethical, social, psychological, religious and legal aspects is blurred and need further researches. The new techniques using donor sperm or egg allow third party involvement in the procreation process that has created new hopes for infertile couples. The corresponding clinical applications raise also new religious questions which require appropriate interpretations to make their use possible particularly in religious communities. In this paper, besides addressing main ethical issues of GAMETE and embryo DONATION, we will mention religious opinions of Islamic scholars and will discuss the Act of Embryo DONATION to Infertile Spouses which ratified in 2003. Considering this outlook would be inspiring in many Islamic countries.

Objective (s): Nowadays with the help of modern technology and science the case of people with infertility physical or genetic defects, shall be resolved. One solution is to donate GAMETE and embryo to infertile people under specific condition. The principles and conditions of this process have been predicted in related law and executive by-law. In this article the above motioned law and by-law will be reviewed and juristic opinions along with fundamental view will be explained. Then the relevant rules and regulations will be put under criticism and scrutiny. In order to make the issue clear, the history of legislation in Iran and other countries will be explained. According to the legalization fetus DONATION methods, there seems to be no legal constrain for such acting any more. However, the law is still substantially ambiguous and formally involves repetition in article No 4. Therefore the related provisions deserve criticism in terms of laboratory gestation (AID) with sperm of husband and also with sperm of a stranger. A: laboratory gestation via husband's sperm. The issue of intercourse reviewed within chapter of 1158, 1150, 1160, 1167 of civil law for adoption of offspring. Therefore the issue of intercourse as quantified agent and inferred as authoritative reasoning with no constraints, hence, the legislature has not referred to that point. B: laboratory gestation with sperm of a stranger. 1/ supporters of forbiddingness: Since we urge recognition of sperm produced from non couple and apply it to another person then the issue of respect is critical for publicity, further intercourse either formally or by implantation is banned meanwhile it causes unsounded generation or blood. 2/ supporters of permissiveness: in principle the child is filiated to the parents except it is forbidden explicitly. Conclusion: Civil Law in article 1167 for the issue of AID received legitimacy under principle of generalization and restrictive interpretation. The formula of birth on one’s home and non-refuse by the husband apply here.

Background: Every day, many children are born by assisted reproductive techniques. For some infertile couples have no other way to have a child except DONATION. So far, there are too many children are born by DONATION protocols or surrogacy. As in DONATION protocols and surrogacy, a third party helps the couple by sharing GAMETE, embryo or uterus, there can be some social, legal and psychological complications for the children born by these protocols that should be considered, discussed and clarified. Although there have been many discussions about the DONATION itself that is forbidden (haram) or OK (halal), still, it is in controversy between religious leaders. In the third conference of the Islamic Fiqh Council (held in Amman, Jordan, October 11 – 16, 1986) the Council banned all kinds of DONATIONs. But in Iran, these procedures are practiced every day. It should be faced that children born by DONATION and surrogacy is a social fact, so, there must be a guideline for addressing their rights in the Islamic contexts, even when the procedure itself is “haram” (forbidden). Lack of such knowledge could put the children into many psychological and social problems. Upon Islam, there are some rights and relations between parents and children are directly linked to the lineage of the children and cannot be passed to the others. The example of this kind of right is inheritance. Upon Islam the inheritance goes only to the real children of the deceased. This right is directly linked to the lineage of the children and cannot pass on the others, even people cannot make a will for the whole of their properties and they can do it for just one third of their properties. From parent-child rights and relations, intimacy and inheritance is linked to the lineage, but custody, expenditure and guardianship can be handed over to other people in especial situation. For example if the real father of a child is addict and cannot protect his child, Islamic court can give the custody of the child to his uncle or grandfather who are healthy people. But this child will never inherit from his uncle or grandfather, similar as his own father. Intimacy is also linked to the lineage and intimacy “mahramiat” is very important in the family. Without intimacy between two people, females should were “hijab” means they must cover their hairs in front of non-intimate males. But real brothers and sister are intimates together and there is no need for “hijab” between them.The first Fatwa on assisted reproduction techniques was made in by Gad Al-Haq, Mufti of Egypt in 1980 permitting IVF and banning DONATION. As said before, in the third conference of the Islamic Fiqh Council (held in Amman, Jordan, October 11 – 16, 1986) the Council banned all kinds of DONATIONs. The council gave the following reasons: mixing of lineage and similarity to adultery. Comparison of these programs with adultery is mentioned that because donor is someone out of the married couple. Upon Islam, adultery is condemned, but adultery has an obvious definition in which there should be a man and a woman touching each other. On the contrary, in DONATION, donor and recipient even don’t know each other and in most of the cases never see each other. Although DONATION is not accepted by all the clergies, but it is in agreement that there is no similarity between DONATION and adultery. Moreover, adultery ruins the families but DONATION program saves the families from psychological pressure and danger of divorce. About confusion or mixing the lineage, there is no confusion! The lineage of these children is completely clear as discussed in the followings.On the mother side, there are two mothers: infertile mother and third party. We can conclude that both mothers are real mothers and lineage of the child goes back to both of them, and so, all other mother-child relations including: intimacy, custody and inheritance are sustained. Now the question is how these rights can be given over other mother. The answer is: when donor or surrogate anonymity is kept, child’s identity goes back to the social mother (the only real mother) who has all the children-parent rights.Father is simpler; according to Islam, as the GAMETE leaves the father’s body, and the social father has nothing with the early growth of the embryo, the real father is the sperm donor.