IVF Merkezlerinde Tedavi Pratiklerine Üçüncü Kişilerin Dahil Edilmesine İlişkin Fıkhi Bir Değerlendirme: İran ve Kuzey Kıbrıs Örneği

This study examines, from a jurisprudential perspective, the relationship between certain practices presented under the category of “treatment” on the websites of some in vitro fertilization (IVF) centers operating in Iran and Northern Cyprus, and the boundaries of legitimacy. IVF, which involves placing an embryo created from the reproductive cells of a married couple into the uterus of the prospective mother, is considered permissible by the vast majority of contemporary Sunni Islamic jurists. Practices involving third parties, such as gamete and embryo donation or surrogacy, are deemed unlawful. The primary reasons cited for this prohibition are the potential confusion of lineage and the emergence of disrupted/irregular family relations. In contrast, based on Ayatollah Khamenei’s fatwa on the matter, the prominent view among Shi‘i scholars is that methods such as gamete-embryo donation and surrogacy are permissible. These methods are legally practiced in Iran. Similarly, in Northern Cyprus, where a comparatively liberal regulatory framework is in force, gamete and embryo donation as well as surrogacy are permitted, and the country has increasingly become a hub for international reproductive tourism. The aim of this study is to demonstrate that such practices are not merely a matter of medical treatment but also have multifaceted implications from a jurisprudential perspective, such as the violation of lineage security, the undermining of the family institution, the neglect of children’s rights and best interests, and harm to the dignity of the human body. Conducted through document review and data analysis, the study concludes that although the desire of married couples to have children is both understandable and legitimate, the means employed to achieve this goal must also remain within the bounds of legitimacy. It emphasizes that the use of third-party gametes, embryos, or wombs constitutes an abuse of the very concept of treatment.