What’s The Religious Requirements for Surrogacy in Islam?

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What’s The Religious Requirements for Surrogacy in Islam?

According to Islamic law, there are various issues has been raised against the surrogacy procedure and the opinions on the legal procedure vary among Islamic religious authorities. Among Muslims, the Shiite Muslims who believe that the assisted reproductive methods are the simple method which fulfills the dreams of many couples who were struggling to conceive a baby naturally whereas Sunni scholars have been declaring this technique forbidden and does not allow the couples to undergo for such procedures.

Assisted Reproductive Method

Some of the Islamic people accept the surrogacy procedure as the way of completing the families for the couples who were unable to conceive a baby and there are general consensuses who believe that ART procedure can be performed only for married couples where IVF can be performed using the women eggs which will be fertilized with her husband sperms only and not with any donor sperm, the sperm from other male members would be haram for them.

Arguments for Surrogacy in Islam

Sunni scholars have raised several other objections against the surrogacy procedure. According to the Islamic law pertaining to lineage and inheritance, that the child born by the surrogate mother is either illegitimate or, if the surrogate mother is married, the child is legally from her own husband and not the child of the biological father. The people under Sunni religious also contend that surrogacy for hire violates Islamic ethics will be reducing the sacred acts of marriage and childbirth to a commercial contract.

Religious Requirements for Surrogacy in Islam

In Islam, the fatwa is a non-binding religious opinion which acts as an Islamic law. Out of the three authorities who have been issued fatwas, the one is from the Fatwa Committee of Al-Azhar University which is one of the most considerable authorities.

In March 1980, the fatwa has been issued by the Sheikh Gad al-Haq Ali Gad al-Haq and Grand Imam of Al-Azhar University on assisted reproductive technologies which are now followed by their followers and the fatwa is mostly in favor of assisted reproductive methods, however, they banned the surrogacy procedure. The following is the brief summary:

  • Surrogacy whether gestational or traditional both are banned.
  • Insemination artificially is allowed.
  • IVF method by an expert fertility specialist is allowed as long as there is a medical reason; however, if the fertility specialist tries to perform the banned techniques in Islam then the Islamic government will cease her practice which means she will not be able to perform any of the reproductive methods in Islam.
  • According to Islamic religion the donated sperm, eggs, and embryos are not accepted by the third party and inclusion of this can considered adultery. Adultery consideration means the placing the sperm into a surrogate mother from a man who is not her husband.
  • A child who was born through a forbidden technology is considered illegitimate in Islam, even after they are adopted later.
  • ART procedure cannot be performed by the intended mother after her divorce or in case the death of her husband.

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