Feasibility study of custody agreement from the perspective of Iranian jurisprudence and legal system

Subject Areas : فصلنامه مطالعات میان رشته ای فقه

SEYEDE TAHERE SEYED NASEREDINY ¹ (PhD student in Islamic jurisprudence and principles of Islamic law, Islamic Azad University, Central Tehran Branch)
EBRAHIM YAGHOUTI ² (Associate Professor, Department of Islamic Jurisprudence and Fundamentals, Central Tehran Branch, Islamic Azad University, Tehran, Iran Corresponding Author -.))
zahra Fehreste ³ (Assistant Professor and Faculty Member of Azad University, Central Tehran Branch)

Received: 2022-04-24 Accepted : 2022-06-18 Published : 2022-09-23

Keywords: artificial insemination, Custody, baby, Consensual divorce, alien sperm,

Abstract :

The right of custody and custody of a child is one of the rights and duties of parents, which the law has made subject to its own provisions for boys and girls up to the age of 7 and 9, and has recognized this right for the mother; And has since recognized this right for the father. Among these, the effect of the agreement on the right of custody is one of the issues that are considered as a violation of the rule of law or an exception to the rule of law. The purpose of this study is to examine consensual custody and determine its scope. Behind this approach, some judicial theories have been criticized, and the effect of the agreement is where the law does not specify the minimum status. Therefore, the approach of this study follows the effect of agreement on custody after the ages mentioned. Findings of this study include the effect of consent on custody after the age of 7 and 9 years, and regarding artificial insemination, if it is laboratory and the identity of the sperm owner is not known, it is possible to agree on custody, otherwise only for the natural mother of the child. It is and is natural for the father when his identity is clear.