Artificial Conception and Surrogacy Legal Boundaries in UAE and Islamic Jurisprudence

by

ACKNOWLEDGEMENT

I would take this opportunity to thank my research supervisor, family and friends for their support and guidance without which this research would not have been possible.

DECLARATION

I, [type your full first names and surname here], declare that the contents of this dissertation/thesis represent my own unaided work, and that the dissertation/thesis has not previously been submitted for academic examination towards any qualification. Furthermore, it represents my own opinions and not necessarily those of the University.

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ACKNOWLEDGEMENT2

DECLARATION3

CHAPTER 1: INTRODUCTION5

Section 1: Ways of Artificial Birth6

Concepts And Methodology11

Models And Phenomena16

Direct cDNA Screening28

cDNA Selection29

Exon trapping29

Zoo blotting32

Modern methods of gene finding33

Cloning as Artificial Birth35

How to Clone37

Ligation37

Preparation of DNA for ligation38

Generation of sticky ends39

Generation of blunt ends41

Vectors43

Origin of replication44

Selectable marker44

Optional features44

Sequences that enable recombinant selection45

Primer binding sites46

Reporter genes46

In-frame genes encoding easily purifiable proteins47

loxP sites47

Cos sites47

Plasmids48

M13 bacteriophage48

Bacteriophage lambda50

Cosmids/fosmids52

P1 bacteriophage vectors52

Bacterial artificial chromosomes53

P1 artificial chromosomes53

Human artificial chromosomes54

Introduction of Deoxyribonucleic Acid into the Cell55

Transfer into bacteria55

Transformation55

Electroporation55

Transfection56

Infection57

Transfer into eukaryotic cells57

CHAPTER 2: INTERNAL INSEMINATION58

Definition58

Is it against fate and Allah Almighty's wish?61

The way it is done61

The Awra of a woman62

Awra inside prayer (Salat)63

Awra in privacy and seclusion65

Awra in front of the husband66

Awra in front of Muslim women66

Awra in front of (Muslim) Mahrams (unmarriageable kin)67

Awra in front of non-Mahram males68

Awra in front of non-Muslim women70

Awra in front of non-Muslim Mahrams72

Conditions of Internal Insemination75

Between Married Couples76

Ovarian Hyperstimulation Syndrome (OHSS)77

Retrieving the Oocytes79

Collecting and Preparing the Sperm80

Insemination of Eggs and Embryo Culture80

Transferring Embryos to the Uterus81

Alternatives to IVF-ET85

The agreement of both couple85

Insemination during the marriage life86

The aim of the insemination must be the treatment of the couple's infertility87

Internal Insemination is the only possible way to have children88

The Interference of a third Party89

Legal and Ethical Views on Interference (Al-Hokum)90

Cloning technology90

Cloning and the disappearance of sexual reproduction92

Child enhancement: Parental cloning93

Cloning as an investment: Economic cloning98

The role of property rights: appropriability mechanisms99

Determinants of the market for clones102

The supply side104

Supply of surrogates105

Donating the Fertilized Ovum from a Legal Perspective105

The legal nature of the act of giving the fertilized ovum107

The rights or the power of the donor on the donation108

Is it legal or illegal to donate a fertized ovum?109

CHAPTER 3: IN VITRO FERTIZATION (IVF)112

Definition112

IVF / ICSI is a five step procedure113

Step 1: Ovarian Stimulation & Monitoring113

Step 2: Egg Retrieval114

Ultrasound-guided Aspiration114

Laparoscopy-guided Aspiration115

Step 3: Fertilization115

Step 4: Embryo Transfer116

Step 5: Luteal Support116

IVF in Shari'a and Law117

In Islamic Law118

IVF and Sunni Teachings121

What is allowed?121

NOT allowed:122

In UAE Law125

Freezing126

CHAPTER4: SURROGACY128

Definition128

Types of surrogacy129

Traditional surrogacy (TS)129

Traditional surrogacy & donor sperm (TS/DS)129

Gestational surrogacy (GS)129

Gestational surrogacy & egg donation (GS/ED)129

Gestational surrogacy & donor sperm (GS/DS)130

Gestational surrogacy & donor embryo (GS/DE)130

Legality of Surrogacy130

Surrogacy Contract131

The Impact of the Baby M Case132

Pre-Birth Court Orders132

Making Families or Selling Babies?133

Finalizing the Contract133

SECTION 2: RULES OF ARTIFICIAL CONCEPTION134

CHAPTER 5: ARTIFICIAL CONCEPTION, A RIGHT OR A WISH?134

Artificial conception right?134

The competing freedoms134

The obligation on the physician in charge of the insemination135

The obligation of the third parties in front of the patients136

Regulating the desire to have children136

The conditions of artificial conception137

The purpose of artificial conception137

Abortion138

Forgery139

Sexual Harrasment140

Actions that should be illegal141

CHAPTER 6: PROVING PATERNITY143

The rules of paternity in Islamic Law143

Fatherhood144

The ...