Legal Analysis of Government Intervention in Family Planning: The Youth Population Law

Document Type : Scientific Research

Authors

1 Ph.D. Student in Jurisprudence and the Basics of Islamic Law, Payame Noor University, Tehran, Iran.

2 Associate Professor of Jurisprudence and the Basics of Islamic Law, Payame Noor University, Tehran, Iran.

3 Assistant Professor of Jurisprudence and the Basics of Islamic Law, Payame Noor University, Tehran, Iran.

Abstract

Childbearing has always been one of the significant social and legal issues; however, in the past, it was primarily considered a matter of private rights. Over time, with changes in demographic structures, the necessity of governmental intervention in family and population-related policymaking has become increasingly evident. Population policies in different societies have undergone various transformations influenced by economic, social, and cultural factors. Iran has also experienced diverse approaches over the past decades. In the early years following the Islamic Revolution, pro-natalist policies led to a sharp rise in birth rates, resulting in a “population explosion.” In the following decades, however, restrictive policies were adopted to control fertility rates. In recent years, facing the challenges of population aging and declining fertility, the Iranian government has shifted toward new incentive-based policies, particularly through the enactment of the Law on Family Protection and Youthful Population on November 15, 2021. This law seeks to encourage higher birth rates by offering financial and social incentives to families. Adopting an analytical-comparative approach, this article examines the consequences of declining population, the importance of increasing fertility rates, and the legal and Islamic jurisprudential foundations underlying Iran’s demographic policies. The findings indicate that, despite offering substantial economic and social incentives, the new law raises concerns due to certain restrictive regulations and implementation challenges, particularly regarding family autonomy, reproductive rights, public health, increased abortion rates, and the potential rise in births of children with disabilities.

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References

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Civil Law Knowledge
Volume 14, Issue 28 - Serial Number 28
January 2026
Pages 115-132

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