Private Law
Tayebeh Emamian; Robab Emamia
Abstract
Child Birth is concerned as a stable right for couples who can freely decide on the birth time, number, age gap of their children, and even nowadays related to their gender. Besides, any right to compliance deals with some restrictions. Similarly, the right of couples to the child birth should not hurt ...
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Child Birth is concerned as a stable right for couples who can freely decide on the birth time, number, age gap of their children, and even nowadays related to their gender. Besides, any right to compliance deals with some restrictions. Similarly, the right of couples to the child birth should not hurt the child's health and social benefits, since the harmlessness rule limits couples in performing the mentioned right. Due to the fact that children are the most defenseless human beings, their support should be much more than that of adults so that their interests is among the fundamental principles mentioned in international laws and treaties, and all communities have to devise the appropriate mechanisms to maintain these principles. Another party in the category of child birth is society and its benefits. In the 2013 family support law, this issue is of high significance and in article 23 and its note; it has required couples to perform some tests to diagnose infectious diseases for couples and children. The mentioned article illustrates if the couple have any dangerous diseases for the fetus, care and supervision should include the reproduction prohibition. Although this article is an innovation and attention to all members of the family and society, after 7 years of its approval, it still has some ambiguities and lack of obvious resolutions from the competent authorities. Given that, the present study aimed to provide a correct explanation of the right to child birth by relying on legal principles as well as adhering to the rule of harmlessness and social order so that we can witness the birth of healthy children in near future
