Surrogacy in Islam - A Complex and Controversial Issue

Surrogacy in Islam – A Complex and Controversial Issue

Surrogacy in Islam is a highly complex and controversial issue in Islam. While the desire for children is natural and celebrated, the practice of surrogacy is largely prohibited due to religious and ethical concerns. The primary objections stem from the introduction of a man’s sperm into a woman who is not his wife, considered adultery, and the potential commercialization of childbirth, which undermines its sanctity.

However, Islam is generally supportive of assisted reproductive technologies (ART) for medical reasons and infertility treatment, but with strict conditions and regulations. These include limiting ART to legally married couples, prohibiting the use of third-party biological material, and restricting the use of embryos to the same married couple.

Exceptions exist, such as in Iran, where surrogacy is permitted without commercial benefit, only for medical reasons and officially married spouses, and gamete donation is allowed.

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Introduction

In Islam, the birth of a child is considered a significant and blessed event. The desire to have children is natural, and the Quran states that “offspring and wealth” are the decorations of human life.

However, the practice of surrogacy often referred to as “leasing a womb,” is a highly controversial and largely prohibited issue within the Islamic faith.

Islamic Perspective on Surrogacy

The prohibition of surrogacy in Islam stems from several religious and ethical concerns. Firstly, it is considered adultery to introduce a man’s sperm into a woman who is not his wife.

This extends to a man impregnating a woman who is not his wife with an in-vitro conceived embryo. Secondly, in-vitro fertilization (IVF) is only permissible if the egg and sperm are both from the married couple themselves. It is unlawful to place such an embryo into another woman’s uterus.

Furthermore, pregnancy and childbirth are regarded as sacred blessings in Islam, and it is considered unethical to commercialize or profit from this process. Any financial transactions or payments made in a surrogacy agreement are seen as undermining the sanctity of childbirth.

In 2005, a fatwa (religious ruling) was issued banning surrogacy, citing the reasons mentioned above. Additionally, the Quran explicitly states that “nobody can be their mother except the woman who gave birth to them,” highlighting the importance of maintaining clear lines of parentage and kinship.

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Assisted Reproductive Technologies (ART) in Islam

While surrogacy is largely prohibited, Islam is generally supportive of assisted reproductive technologies (ART) for medical reasons and infertility treatment. However, strict conditions and regulations govern the use of ART within Islamic principles.

ART can only be used for married couples approved by Sharia law, and the sperm and eggs must be provided by the legally married couple themselves. The use of third-party biological material, such as donor eggs or sperm, is strictly prohibited. Additionally, in-vitro fertilization for single women and same-sex couples is not allowed.

Islam permits the freezing of fertilized embryos, but these can only be used by the same couple if they remain married. Frozen sperm or eggs can be used before receiving chemotherapy, but their use is forbidden after divorce or death.

Exceptions and Variations

While the majority of Muslim countries have banned surrogacy, Iran stands as an exception, allowing surrogate motherhood under specific conditions. In Iran, surrogacy is permitted without any commercial benefit for the surrogate mother and only for medical reasons and officially married spouses. Additionally, gamete donation (sperm or egg donation) is allowed in Iran.

It is important to note that the stance on surrogacy varies among Muslim countries and scholars, reflecting the diversity of interpretations and cultural contexts within the Islamic faith.

A Word of Caution for Intended Parents from Islamic Faith

For intended parents from the Islamic faith considering surrogacy, it is key to exercise caution and seek proper guidance due to the religious and legal complexities surrounding this issue.

While the desire to have a child is natural and understandable, the practice of surrogacy is prohibited in most Muslim countries and can pose significant challenges in terms of your family-building effort via third-party reproduction services, within your own country or via international surrogacy.

One of the primary challenges is the legal status of the child born through surrogacy. In many cases, the child may not be eligible for citizenship or a passport from the country where they were born, as surrogacy is not recognized or illegal. This can create difficulties in bringing the child back to the intended parents’ home country.

For example, if a Pakistani couple pursues surrogacy in a country like Ukraine, where surrogacy is legal, the child born through surrogacy may not be eligible for Ukrainian citizenship or a passport. The couple would then need to apply for Pakistani citizenship and a passport for the child, which can be extremely challenging given the religious and legal prohibitions on surrogacy.

Additionally, even if the intended parents are permanent residents of another country, such as the UK, it does not automatically grant the child born through surrogacy citizenship or a passport from that country.

The child may still need to obtain citizenship and a passport from the intended parents’ home country, which can be a complex and difficult process. If the intended parents are citizens of the country where surrogacy is allowed, it might be an easier path for them as the baby can get travel documents.

For example, if the intended parents are UK citizens ( of Islamic origin), they can apply for citizenship and a passport for the baby in the UK embassy, where they eventually get the travel documents.

It is crucial for intended parents from Islamic faith to consult with Islamic legal experts and scholars in their respective countries before pursuing surrogacy. They should thoroughly understand the religious and legal implications, as well as the potential challenges they may face in obtaining legal recognition and documentation for the child.

So, what are other options to Consider with surrogacy and Islam:

Explore surrogacy in countries where the child can obtain citizenship and a passport, such as the United States/Colombia/Argentina, but be prepared for potential scrutiny and questions upon returning to your home country.
Seek guidance from Islamic legal experts and scholars to explore alternative paths to parenthood that align with religious principles and laws.
Consider adopting a child, as adoption is generally accepted within Islamic principles, although the specific rules and regulations may vary among different Islamic communities.
If you are holding dual citizenship, then use the one where you have a better chance of getting the travel documents for the baby.

Regardless of the path chosen, it is crucial for intended parents from Islamic faith to prioritize ethical considerations, seek proper guidance, and respect the religious and cultural beliefs surrounding this sensitive issue.

Conclusion

Surrogacy remains a complex and controversial issue in Islam, with religious and ethical concerns at the forefront of the debate.

While the desire for children is natural and celebrated, the practice of surrogacy is largely prohibited due to issues surrounding adultery, the sanctity of childbirth, and the importance of maintaining clear lines of parentage.

However, assisted reproductive technologies are generally accepted for medical reasons and infertility treatment, but with strict conditions and regulations aimed at upholding Islamic principles and values.

As with any complex issue, open dialogue, ethical considerations, and respect for religious and cultural beliefs are essential in navigating the complexities surrounding surrogacy in Islam.

Ultimately, the stance on surrogacy varies among Muslim countries and scholars, reflecting the diversity of interpretations and cultural contexts. As with any complex issue, open dialogue, ethical considerations, and respect for religious and cultural beliefs are essential in navigating the complexities surrounding surrogacy in Islam.