The law applies to the freezing of eggs and embryos A comparative study

Authors

  • Lecturer . Mayada Sabah Hassan College of Law - University of Maysan Author

DOI:

https://doi.org/10.64184/ajlps.V3.I3.Y2026.p.410-428.411

Keywords:

Egg and embryo freezing contract, conflict of laws, single-source rule, double-source rule

Abstract

The egg and embryo freezing contract is one of the most important medical procedures that has revolutionized the world of medicine to help people reproduce through assisted reproductive technology. It is a contract that is tainted by a foreign element, due to the difference in nationality of its parties, and the existence of more than one applicable law. There is the law of the country of the health institution, the law of the beneficiary’s nationality, the law of parenthood, the law of the form of the contract, and the law of the country where it was concluded. Consequently, these contracts are subject to two types of rules, either a single conflict-of-laws rule or a double conflict-of-laws rule

References

sources

First: Books

1- Ismail Ghazi Marhaba, Human Medical Banks and Their Jurisprudential Rulings, Dar Ibn Al-Jawzi for Publishing and Distribution, Dammam, Saudi Arabia, 1429 AH.

2- Abdullah Bishlamah, Kuwait Conference, The Beginning and End of Human Life.

3- Haykal Hussein, The Complete System of Industry Between Positive Law and Islamic Sharia, Dar Al-Kutub Al-Qanuniyya, 1st Edition, 2006.

4- Shawqi Zakaria Al-Salihi, Artificial Insemination Between Islamic Sharia and Positive Laws, Dar Al-Nahda Al-Arabiya, 2001

5. Shafiqah Al-Shahawi Radwan, Egg Freezing: Between Medicine and Islamic Law, Dar Al-Fikr Al-Arabi, 1st ed., Cairo, 2014.

6. Muhammad Ali Al-Bar, Ethics of Artificial Insemination, Saudi Publishing and Distribution House, 1st ed., 1402 AH.

7. Muhammad Al-Mursi Zahra, Artificial Insemination, Dar Al-Nahda Al-Arabiya, 2008.

8. Muhammad Ali Al-Hajj Al-Amili, The Islamic Ruling on Freezing Sperm and Eggs, Dar Al-Manhal Al-Lubnani, Beirut, Lebanon, 1st ed., 2006

Second: Research Papers and Theses

1- Amana Jed Ahmed Jed Al-Karim, Jurisprudential Rulings Related to Frozen Fertilized Eggs, research published in the Journal of the Faculty of Sharia and Law in Assist, a peer-reviewed journal, Issue (31), Volume (2), 2019.

2- Othman Mahmoud Matter Al-Jubouri and Qasim Abdul Wahab Issa Al-Healy, Egg Freezing: Jurisprudence and Law, research published in the Middle East Journal of Legal and Jurisprudential Studies, Volume 2, Issue 2, 2022.

3- Salah Aloud, Artificial Insemination and Egg and Sperm Freezing in Islamic Sharia and Algerian Law, Al-Etihad Journal for Legal and Economic Studies, Volume 11, Issue 1, 2022.

4- Abbas Al-Baez, Sperm and Egg Freezing: A Jurisprudential and Medical Perspective, Journal of Sharia and Law Sciences, Volume 1, Issue 41, 2014

5-Muhammad Mahmud aljarihi , tamed albuaydat bayn alfiqh alaslamii waltaqadum altabi, masala aldirasat alaslamiat walearabiat bidamyat aljadidati, leaded alsaabieu, 2019.

6-nafie bah sultan, sue bat traded alanine Awaji altatbiq ealaa hair alfard bitawasul tiqniaat alanijab, bathe manshur fi masala alkufat , alidade 28.

7-mamduh khayri hashim, alainijab alsinaeiu fi alanine almadanii , atria dukturah , kuliyat alhuquq , Jamie at alzaqaziq ,1996

Third: Laws

1- Iraqi Civil Code No. 40 of 1951.

2- Iraqi Personal Status Law No. 188 of 1959, as amended.

3- Public Health Law No.

4- Law of the Higher Institute for Infertility Diagnosis and Assisted Reproductive Technologies No. 19 of 2011.

Downloads

Published

2026-09-01

How to Cite

The law applies to the freezing of eggs and embryos A comparative study. (2026). Ashur Journal of Legal and Political Sciences Is Issued by the Iraqi Association of Legal Sciences, 3(3), 410-428. https://doi.org/10.64184/ajlps.V3.I3.Y2026.p.410-428.411

Similar Articles

1-10 of 52

You may also start an advanced similarity search for this article.