Document Type : scientific
Authors
1 Assistant Professor, Department of Law, Faculty of Law and Political Science, University of Mazandaran, Babolsar, Iran.
2 MA Student in Private Law, Department of Law, Faculty of Law and Political Science, University of Mazandaran, Babolsar, Iran.
Abstract
Child maintenance in Imami jurisprudence and the Iranian legal system is a protective institution aimed at meeting the child’s essential needs. Although the Civil Code specifies certain elements of relatives’ maintenance, the inclusion of health and medical expenses—particularly psychological treatments and cosmetic surgeries—has not been explicitly clarified, leading to ambiguity and differing juristic and legal opinions. The present study examines the conditions under which physical and mental healthcare costs and cosmetic surgeries may fall within the scope of child maintenance.
Using a descriptive–analytical method and drawing on Imami jurisprudence, legal doctrine, and the Iranian Civil Code, this study offers a custom-oriented analysis of medical maintenance. Its originality lies in distinguishing between necessary medical expenses and purely luxury costs, with special attention to cosmetic surgery. The findings indicate that necessary medical expenses, the omission of which would cause hardship or endanger the child’s physical or mental health, may be considered claimable maintenance, subject to the obligor’s financial capacity. In contrast, non-essential expenses are generally excluded. The study concludes that, through an expansive and custom-based interpretation of legal rules and consideration of the child’s best interests, certain health and medical expenses may be included within child maintenance.
Keywords
- Relatives’ Maintenance
- Medical Necessity
- Mental Health
- Custom
- Financial Capacity of the Obligor
- Rhinoplasty
Main Subjects
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