الحماية المدنية لاستخدام تقنيات التناسل المساعدة :دراسة مقارنة بين القانون العراقي والقانون الماليزي

Abstract

This study revolves around a very important and sensitive subject related to reproductive and genealogical issue, namely, civil protection for the use of assisted reproductive techniques. The study is a comparative study between Iraqi law and Malaysian law regarding the legality of the use of the techniques of reproduction, its procedures and legal nature, as well as its legal implications. The researcher, in this study, stresses on a detailed explanation of any civil liability arising from the use of these techniques and its pillars in Iraqi law and Malaysian law. In this study, the researcher relied on the analytical inductive reasoning, to extract the legal texts and the judicial judgments related to the subject. Additionally, the researcher also provided a comparative analysis of Iraqi law and Malaysian law on the use of assisted reproductive techniques and the civil protection required in order to reach a legal formula. This study concluded a set of results: assistive reproductive techniques are a medical means to help couples with low fertility to obtain children and does not raise any legal problems in the case of existing marital relationship, and in the case of the failure of unconventional medical procedures. The researcher found that there is deficiency in laws and regulation in Malaysia and Iraq, with regard to civil liability for the absorption of certain types of medical conduct which are difficult to prove caused by medical error, particularly in the area of unconventional medical procedures. The study concluded with suggestions to help organise such techniques, as well as to help develop medical responsibility to cope with the development of medical technology.