The legal regulation of assisted reproductive technology in Iraq : lessons from the Australian approach

Abstract

This thesis is concerned with the legal regulation of assisted reproductive technology (ART) in Iraq. ART has become widespread throughout the world including the Middle Eastern region but there is no specific legislation in Iraq that addresses ART. ART represents a problem for Iraqi law because the technology, particularly procedures that use donor genetic material, challenge the Iraqi social, Sharia and legal conceptions of what is a family, the status of children born using ART and legal parentage. The thesis examines the current Iraqi law in relation to ART, and argues that Iraqi laws are inadequate to regulate ART. This thesis argues that a legislative solution for ART is required for Iraq. The Australian experience, with particular emphasis on New South Wales, is used to inform the type and content of the legislative solution and the balance between formal statute based regulation and industry based regulation. But the thesis argues that Iraq cannot automatically adopt the Australian social and legal approaches relating to the formation and legal recognition of what is a family, the status of children, and access to ART by single persons and same sex couples. It is argued that the Australian approach cannot be transplanted into the Iraqi legal system because of the very different conceptions of family, inheritance, lineage and status of children according to Iraqi law, Sharia law, and existing social and legal norms. In the light of this, the thesis argues that, at a minimum, ART should be approved for married couples using their own gametes.

Date of Award	2015
Original language	English