Legal Analysis of Egg Donation Sale Contracts in the Iranian Legal System: Challenges and Solutions

Abstract

Egg sale contracts in the Iranian legal system exist within an ambiguous and contentious legal framework due to the absence of an independent governing law and the ongoing jurisprudential and legal debates between proponents and opponents of egg donation transactions. This ambiguity has given rise to serious jurisprudential, ethical, and legal concerns. In light of these complexities, the purpose of the present study is to provide a legal analysis of such contracts from various legislative perspectives, identify the key legal challenges, and propose appropriate legal solutions to establish their legitimacy and proper regulation. This study employs a descriptive–analytical method and is based on library research. The findings indicate that the validity of egg sale contracts depends on the fulfillment of the essential elements of a valid contract, including the genuine and informed consent of the parties, the determinacy of the subject matter, the ownership of the seller, and the lawfulness of the transaction. Furthermore, the study emphasizes the necessity of strict supervision by medical institutions and judicial authorities to ensure the protection of the parties’ rights, human dignity, and the rights of the resulting child. Jurisprudential disagreements over the permissibility of egg donation and the prohibition of its sale, combined with the lack of clear statutory regulations, have created multiple legal–ethical risks. Therefore, drafting comprehensive legislation, developing standardized model contracts, and establishing effective supervisory mechanisms are essential for the legal and jurisprudential regulation of this phenomenon.