Approval of “Embryo Donation Act 2003” inducted the expression of “Embryo Donation” in our legal literature and formally legitimized this kind of Assisted Reproductive Treatment. This article aims at studying legal and ethical legitimacy of embryo donation through legal and juridical evaluation of properties’ transferability. What justifies the necessity of this study is that if we consider “embryo donation” as a real donation, it shall comply with general conditions of properties’ transferability, since “donation” is a legal act which is basically governed by general legal rules and one of these rules is the necessity of being as property and the transferability of transaction’s subject Furthermore, considering embryo as property could solve the matter of commercialization of artificial insemination. However, first, we have to ask whether it is ethical to count a potential human being as a property. Why do not we legitimize “embryo transfer” instead of “embryo donation” in order to get rid of dissoluble challenges of its recognition as a “legal act”? Is not it the best way to identify “embryo transfer” as a “legal rule” authorized by the parliament? This article suggests the basis of “legal rule” as the headstone of embryo transfer’s legitimacy.
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