Civil Liability in Frozen Embryo Misuse Reviewed

“Civil Liability Arising from the Misuse of Embryos in Assisted Reproductive Techniques”

The eighth pre-session of the International Conference on Ethical Analyses of Fetus Advocates, titled “Civil Liability Arising from the Misuse of Embryos in Assisted Reproductive Techniques,” was held on Saturday, November 14, 2025, at 10, in Islamic Sciences and Culture Academy. The session featured a presentation by Dr. Mansureh Nikbakht Nasrabadi, a researcher at the Center for Medical Ethics and Law, Shahid Beheshti University of Medical Sciences.

The session, chaired by Dr. Zolfaqar Naseri, began with his remarks noting that, so far, the Secretariat of the Conference has examined the issue of abortion from various perspectives, and that Dr. Nikbakht’s presentation would address the topic of frozen embryos—an emerging and unprecedented issue in the modern era.

Dr. Nikbakht explained that frozen embryos are used in cases where the wife is unable to conceive or carry the embryo in the uterus, or when pregnancy is not possible at the time. These embryos are preserved for long-term storage and future use in specialized clinics, kept in tanks under specific temperature-controlled conditions until the appropriate time when they can be transferred into the mother’s uterus.

She then raised the central question of whether frozen embryos possess the same right to life, dignity, and human respect as embryos carried in the womb. She outlined various views and theories on the matter and, noting that this subject has not yet been thoroughly examined in Iran, stated that the detailed study was conducted in the United States, where numerous clinics are actively involved in the freezing and storage of human embryos. She added that foreign studies have addressed important issues related to individual and civil responsibilities concerning frozen embryos.

The topic of civil liability arising from the use of frozen embryos—examined from ethical, legal, and embryo-protection perspectives, along with a review of U.S. judicial practice—aims to clarify current legal and judicial viewpoints and to provide guidance for present and future medical procedures.

Civil liability in cases involving the loss or destruction of frozen embryos, as well as other potential damages, can impose significant responsibilities on those tasked with their safe preservation. The loss of an embryo or gamete may result in the loss of the opportunity to have a genetically related child.