The Quarterly Journal of Judicial Law Views

The Quarterly Journal of Judicial Law Views

The impact of mistakes on medical fertility contracts in law of Iran

Document Type : Research/Original/Regular Article

Authors
1 Department of Private Law, Faculty of Law and Political Science, Kharazmi University, Tehran, Iran.
2 Private Law, Department of Law and Political Science, Tehran Azad University, Iran.
3 Private Law, Faculty of Law and Political Science, University of Tehran, Qom, Iran.
Abstract
In new technologies law, numerous contracts are concluded that have unique and innovative features. Of course, such contracts are concluded based on current needs and also contain novel features that are not fully compatible with other traditional contracts. Medical fertility contracts are also one of such contracts that cannot be defined as a subset of any of the traditional contracts. Regarding which of the contracts such contracts fall under and what the legal and judicial consequences of the infertility treatment contract in the event of a mistake are, this is the main question of the current research that we are trying to answer using a descriptive-analytical and library method.

Medical fertility contracts are a composite or combined contract of contractual-proprietary contracts and have some of the features of each of these contracts. However, they are not fully compatible with any of these contracts. Infertility treatment contracts also appear to be a continuous contract and are not included in the immediate contract. In the event of a material error, the stages of concluding and executing the contract cannot be separated. Therefore, a material error at any stage of the treatment process before the implantation stage results in the invalidity of the contract, but after the implantation stage, the principle of the necessity of contracts and the protection of the rights of the fetus and the best interests of the child rule out the possibility of dissolving the contract. It is essential to establish a single procedure in the courts and to take into account the best interests of the child and to issue a unified ruling in this regard.
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Volume 31, Issue 114
Spring 2026
Pages 1-22

  • Receive Date 20 September 2025
  • Revise Date 07 January 2026
  • Accept Date 06 January 2026