ماهية عقد الاجتنان المبرم بين الزوجين المتأخرين بالإنجاب ومراكز الإخصاب " دراسة مقارنة"

Abstract

The scientific revolution that our contemporary world has witnessed, especially the development in reproductive medicine or artificial fertilization, has become a societal and realistic reality, not a mere fantasy that any couple resorts to, who are late in achieving childbearing and were unable to achieve it naturally, so that they have no choice but to go to specialized centers that carry out the fertilization process for them in order to achieve childbearing. A child, and the couple and the fertilization center must establish interaction and agreement between them to complete the process, and given that this process affects the moral, legitimate and legal aspects, it was necessary for an officer to govern it, so this officer for this interaction must invoke a legal contract that organizes it and draws for him ways to be knowledgeable of what he is about to do , and this contract is the contract of the two a legal contract that has subjectivity and a special nature that gives it the status of legitimacy if the religious, moral and legal aspect is taken into account so that it does not violate public order and etiquette by obeying and complying with general and special controls that characterize it. Keeping up with this medical knowledge of childbearing by the new methods by creating a legal system that governs and regulates them with a legal contract. There is no doubt that this  leads us to the stability of the legal base through the emergence of new legal branches to fill the legislative void, as well as to keep our society in line with the development and openness to the outside world.