Year:2022   Volume: 4   Issue: 5   Area: Law

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Feghrour RABAH

ARTIFICIAL INSEMINATION AND ITS ROLE IN ESTABLISHING PARENTAGE - A LEGITIMATE LEGAL STUDY –

Modern medicine has been able to devise effective ways to eliminate infertility and its causes, as it provides opportunities for procreation through artificial insemination with medical assistance, whether internal or external insemination, which enables the deprived of offspring to taste the feelings of motherhood and fatherhood, and thus eliminate many family and social problems that result The Algerian legislator adopted this method in his latest amendment to the Family Law by order 05/02 of February 27, 2005 AD, but he did not specify all its provisions, but left them to jurisprudence. Where artificial insemination is one of the new scientific methods in the field of medicine by which infertility is treated, which is the fertilization of the egg of a woman and a man, for the purpose of pregnancy, and therefore it is natural that it has a significant impact on the lineage of the boy to his father, as this process is subject to close medical control, The thing that guarantees her legal authority before the judiciary in the event of a dispute over the parentage of the child resulting from artificial insemination. The importance of the topic lies in the fact that it achieves one of the purposes of Islamic law, which is offspring, and treating couples who suffer from infertility problems and enabling them to have children within the limits permitted by Sharia and law.

Keywords: Artificial Insemination, Descent, Spouses, Infertility.

http://dx.doi.org/10.47832/2717-8293.19.20


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