Criminalization of the IVF Disposal Procedure for Surplus Embryos a Comparative Study
A Comparative Study
DOI:
https://doi.org/10.35246/q4y73s93Keywords:
Abortion, surplus embryos, reduction, destruction, in vitro fertilization (IVF), CharacterizationAbstract
This study aims to shed light on the criminal classification of the procedure for disposing of surplus embryos resulting from in vitro fertilization (IVF), in accordance with various legal frameworks, with a particular focus on UAE Law No. 17 of 2023 on Medical Assistance in Reproduction. The study examines two types of surplus embryos: those inside the uterus, which are selectively reduced through abortion, and those outside the uterus, which are left without medical care until they deteriorate. The study employs a descriptive-analytical approach to examine the legal texts, alongside a comparative approach to explore the perspectives of Islamic law and different legal systems. The findings indicate that the UAE legislator has not explicitly defined the legal framework for embryo reduction inside the uterus, despite its practical application, leaving a legislative gap that may impact the protection of both embryos and mothers.
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References
First- Laws and legislation
Ⅰ. Federal Law No. 17 of 2023 on Medical Assisted Reproduction
Ⅱ. Cabinet Decision No. (64) of 2020 on the Executive Regulations of Federal Law No. (7) of 2019 on Medical Assisted Reproduction
Ⅲ. Law No. 26 of 2017 on the use of medical assisted reproductive technologies for artificial insemination and fertilization (Kingdom of Bahrain)
Ⅳ. Federal Law No. (4) of 2016 on Medical Liability
Ⅴ. Federal Law No. 31 of 2021 on Offences and Penalties
Second- Arabic books
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Ⅲ. Shafika Radwan Al-Shahawi, 1Freezing Eggs between Medicine and Sharia, Dar Al-Fikr Al-Arabi, Cairo, 1st Edition, 2014
Ⅳ. Ibrahim Madkour, Al-Mu'jam Al-Wajeez - Arabic Language Academy, Cairo, a special EDITION for the Ministry of Education,1994.
Ⅴ. Ismail Marhaba, Human Medical Banks and their Jurisprudential Rulings, Dar Ibn Al-Jawzi, Kingdom of Saudi Arabia, 1st Edition, 2018.
Third- Scientific Research
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Forth- Research and periodicals
Ⅰ. Ismail Abu Bakr, The Stance of Islamic Law on the Abortion of Deformed Fetuses, Al-Rafidain Journal of Law, (18), 2003.
Ⅱ. Laila bint Siraj Sadaqa Abu Al-Ala, The Scientific Record of the Second Islamic Jurisprudence Conference: Contemporary Medical Issues, Journal name not mentioned, (2), 2010.
Ⅲ. Anas Abdel Fattah Abu Shadi, Embryo Reduction between Jurisprudence, Medicine and Law, Journal of the College of Islamic and Arabic Studies, 4 (33), 2017.
Ⅳ. Nawal Bashri Ahmed, Sperm and Embryo Banks, Al-Qalzam Journal of Political and Legal Studies, (3), 2021.
Ⅴ. Abdel Fattah Mahmoud Idris, Rulings on Sperm Banks and Frozen Embryos, Journal of Sharia Research and Studies, 4 (34), 2015.
Ⅵ. maitha Alhamadi, Criminal libilty for surrogacy arrangements, University of Sharjah journal for legal sciences, 19(2), 2022.
Ⅷ. Ruqayyah Ahmed Dawood, Stopping the Freezing of Surplus Human Embryos from a Legal and Legislative Perspective, Journal of Law and Society, University of Adrar - Laboratory of Law and Society, (2), 2014.
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Ⅺ. Haider Hussein Kazim Al-Shammari, Legality of Disposing Embryos of IVF, Maysan Journal of Legal Studies, 1 (4), 2021.
Ⅻ. Saleh bin Muhammad Al-Fawzan, Establishing Sperm Banks, Journal of Islamic Studies, 26 (3), 2014.
ⅫⅠ. Hayat bint Abdullah Muhammad, Rulings on Sperm Banks and Frozen Embryos, Journal of Sharia Research and Studies, 4 (34), 2015.
ⅫⅠ. Ahmed Anwar Abdul Hamid Al-Muhandis, Disposing Surplus Embryos from IVF Operations, Journal of the College of Sharia and Law, 21(3), 2019.
Fifth- Foreign source
Ⅰ۔ Sarah (K), "Academia Medical Dictionary (English - French - Arabic)", Beirut, Lebanon, 1999.
Ⅱ۔ Robert (L), "Frozen Embryos, Advanced Fertility Center of Chicago", 2007.
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