Saturday, April 23, 2005

Something to think about

O.K. I wasn't successful in communicating my thoughts and it seemed that I am desperate to start a family no matter what! That is not true and in fact it was not the point. Sorry to confuse you.

Here is what I want you to see: In Iran, father is the legal guardian of children. By constitution, children can only get father's last name when they are born. There is this thing in Islam that says that if you kill some one and the owner of that blood forgives you then you can only pay the fine for that murder(which is different for men and women) and be free.(it is basically a way Islam has to reduce the death penalty cases). In Iran, the father is the legal owner of children's blood. So what happens if a child is murdered by his father? He can easily pay the money and forgive himself...Believe me, it is happening. If the father dies, his father would be the guardian and if he is already dead the mother's father. If parents get divorced, then mother can legally keep the children only up to her daughter's seven B-day and her son's 5th B-day unless she can prove in court that father has some serious problems like drug addiction. As I said, nationality in Iran is only through fathers so if any Iranian woman marries another country's citizen then their children can not be Iranian. As a consequence, when the woman dies, if she has any properties, her foreign husband can not get any thing of that. I am not sure about the children. In Iran, the mother can NOT open a checking account for her children. I think a single woman, no matter how successful, can not adopt a child...And the story goes on...

So, you see that a fatherless child, the one who is born through artificial insemination can change a lot of these equations. There is no father and on the other hand law doesn't seem to favor mothers as a legal guardian of children. Regardless the fact that I want to do this or not, the problem to think about is that a lot of these laws were created when there weren't so many woman immigrants and not many women had the economical independence inside Iran which is needed to raise a child by themselves. So as cruel as these laws are, they were written down with out creating a lot of objection from women's side. But now it is different.

The more women advance in the other parts of society, the less you can tell them that you are not capable of raising a child on your own. A child that is created by artificial insemination is not adopted, and is not another man's child. It might be the only way that a woman can legally keep her child. I wandered if they have banned some how or they have not thought of it yet simply because not so many women have thought of doing it...

The concept of legitimacy of the child is important in Iran. People talk. I don't know how they would react to a child born through artificial insemination but it might be better. I don't know.

6 Comments:

At 3:03 PM, Anonymous Anonymous said...

I think you should find a real father to your child! Because of completeness! It is not the matter of being an Iranian or ... It is the matter of sharing your potential reproductivity with some other human kind (a man). Don't you think there is a natural pleasure in doing so?

 
At 6:10 PM, Blogger Anar said...

The point of this post is not as to it's a good idea to do artificial insemination or not. I am sure those who do it have enough reasons for it. What I am trying to say is that in a coutry that a single women can not adopt a child, and mothers have almost no rights in raising their children, artificial insemination might be the only area which is not discussed in legislation. This might be a good solution for those women who haven't married and are qualifies to adopt a child but they are not allowed.

I am trying to show the injust legislation of Iran towards mothers and show a hole that might be a solution to some. It is not a personal thing.

 
At 6:14 PM, Blogger Anar said...

one more point, a woman might not want to adopt a child. Not everyone is capable to accept and love some one else's child as their own. It's a fact. artificial insemination can be good solution for these women. The question is, how much Iran's legislation have thought about such cases and what the rights and obligations of such mother...if a single woman decides to do it outside of Iran and then settle down in Iran would the child be Iranian or not? Can he/she have the mother's properties after her death?and all those rights that natural mothers don't have.

 
At 8:50 PM, Blogger David said...

Don't worry about confusing me. Sometimes I am easily confused. :)

I am somewhat familiar with Islamic rules regarding murder. I know that in Saudi Arabia it is the family (the men no doubt) of a murder victim who decides if the murderer will be executed or set free. It seems that the law is very similar in Iran. However, I am rather shocked to hear that a father can murder his own child in Iran and he only has to pay a fine!

The laws in Iran are really harsh with respect to women's rights regarding children, and in so many other ways, as well! I wonder what percentage of young Iranian women would like to leave Iran? You make a good point about the past. In the past, women in Iran did not have the capacity for economic independence. This was also true for many other societies around the world. However, today, women in Iran can work at almost any job and earn more than enough money to support children without a husband's help. In this respect, Iran seems far more progressive that many other Islamic countries in which women are not allowed to work, or their opportunities to work are severely limited. What are the laws regarding money that women earn themselves? Does their husband control this money? If the woman divorces her husband does she get to keep at least some of the money that she has earned?

Is artificial insemination even available to women living in Iran? I think that your main question is a good one. Perhaps a child born of artificial insemination to an Iranian woman would currently fall outside the existing laws in Iran. I am wondering in such a case, would some high level cleric have to make a ruling regarding the child's citizenship or right to inherit property if his/her mother died?

Sorry to ask so many questions. I'm just trying to understand the situation and laws in Iran better.

 
At 9:14 PM, Blogger Anar said...

David,

woman in Iran do have control over the money they earn at work. At least by constitution they are not supposed to bring it home. In fact this is one of the few get aways that women have nowadays...be financialy strong and independent. It seems that a lot of women are realizing it. On the other hand, with hard economic situation, I don't think they would not bring the mney home unless forced.

 
At 11:29 PM, Anonymous Anonymous said...

How many years have you been in the U.S. now? Do you think you will ever be able to put the past behind you and move on? The reason I say this is because your weblog has only one theme. And the theme portrays you as a victim, how Iran is terrible and how Iranians there and abroad are demons. Honestly, you come across as a person who has a lot unresolved issues. It may be time to concentrate on your future, your studies, what you want to do when you graduate and plan for it instead of dwelling over the past.

 

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