المسؤولية المدنية

Abstract

The IVF is one of the medical procedures that take place on the human body, and IVF contract is characterized by a specificity that derives from the nature of the doctor’s commitment, which perform the process of artificial insemination, in other words, the fertilization of the Ova with the husband’s sperm and its implantation in the wife’s uterus, thus achieving the pregnancy that was a private in married couples recently, this is on the one hand, and on the other hand, infertility does not cause illness in the body like other diseases, which led some to deny the disease’s characterization of infertility, but recent research and studies have confirmed that most of the causes of infertility are pathological and can be treated through artificial insemination.
Despite the importance of the artificial insemination contract and its spread and circulation in practice, it did not receive the attention of the Jordanian legislator, in addition to the fact that the texts of the civil law sometimes do not help us in ruling this relationship Contract.
If most contracts are based on the principle of consensuality, then the IVF contract is an exception because formality is one of the most important features of the contract, and this contract generates mutual obligations that fall on the two parties, as the treating doctor is obligated to perform the operation and inform the patient of his health condition also committed to confidentiality, in return the patient is obligated to pay the fees In the event that one of the parties breaches his obligation, the contractual liability shall arise.
Therefore, our research focused on the artificial insemination contract as it is a modern, unnamed contract produced by scientific and technical development in the medical field, hoping that this study will contribute helping to establish a detailed legal regulation