Determining the Legal Mother in Cases of Surrogacy and the Problems Arising from it

(A Comparative Analytical Study)

Abstract

The research addressed the issue of determining the legal mother in surrogacy arrangements through a comparative analytical study of different legal systems. The analysis revealed significant legislative variation among countries, with some adopting the biological standard “the egg donor” while others rely on the contractual standard “the surrogate “. The study highlighted the absence of clear legal regulation in Iraqi legislation, creating a legislative gap that depends on Islamic jurisprudential interpretations, which tend to be restrictive. The research identified major challenges in establishing parentage, custody, rights, and the resulting financial implications “alimony and inheritance “The study recommended the necessity of enacting specific Iraqi legislation to regulate this matter, taking into account Sharia- compliant guidelines and ethical considerations. It also proposed a draft law to amend Iraqi legislation on the subject.