Islamic Ruling on Surrogacy: Permissible or Not

Having children is a natural desire of every married couple. At the same time, the birth of children is also a part of the natural process that ensures the continuity of the human race on this planet. By nature, mothers have a great affection with their children, although fathers also love to have kids. But unfortunately, many couples in this world are unable to have children for one reason or another.

Medical science has been striving to find a solution to infertility to help those couples who are unable to have children. In the recent past, scientists have introduced the concept of “surrogacy” as an alternate solution to this longstanding medical issue. While it was just a medical solution to infertility, it resulted in a big controversy, especially in religious circles, across the world. Muslims in particular are more concerned about the religious status of surrogacy because the Islamic teachings and culture give a greater importance to the family lineage, family structure, and above all, moral values and boundaries. Hence, the question “Is surrogacy permissible in Islam or not?” is more frequently raised.

In this article, we will explore the Islamic viewpoint on surrogacy, in the light of the Quran and Hadith, as well as the scholarly opinions on this very sensitive medical issue.

Understanding Surrogacy

Before exploring the Islamic ruling on surrogacy, it would be appropriate to understand what is meant by surrogacy.

Surrogacy is a medical procedure or arrangement where one woman bears a pregnancy and gives birth to a child for another woman or couple. Depending on the method used, the actual mother and surrogate might also be the same woman.  It is a legal medical arrangement to facilitate those women who are medically incapable of getting pregnant or for whom pregnancy might be unsafe.

In simple words, this medical arrangement can be summarized as follows:

• Taking eggs from a woman (the intending mother).
• Fertilizing eggs with the sperm taken from her husband (the intended father).
• Implanting the fertilized egg (embryo) in the womb of another woman (the surrogate woman) or in the womb of the woman, whose egg was taken for fertilization, depending on the method of surrogacy. The surrogate (either the original or the other woman) holds the pregnancy and ultimately gives birth to a child for the original mother.

Types of Surrogacies

In general, there are two different types of surrogacies, as explained below:

1. Traditional Surrogacy

The traditional surrogacy is also known as partial, straight, or natural surrogacy. It is carried out by taking the egg from the surrogate mother. This egg is then artificially fertilized with the sperm of the intending father, a process known in medical terms as “artificial insemination”. In this case, the surrogate remains both “biological or genetic mother” as well as the “birth mother” of the born child.

2. Gestational Surrogacy

In this method, the egg and the sperm of the married couple are taken and fertilized to produce the embryo through a process known in medical terminology as “In Vitro Fertilization” (IVF). The embryo produced through IVF is then implanted into the womb of another woman (the surrogate), who bears the pregnancy and ultimately gives birth to a child. The born child is then handed over to the actual parents. In this type of surrogacy, the surrogate (who bears pregnancy and gives birth) is not the biological or genetic mother of the child. Hence, the genetic and birth mothers are different in this case.

Islamic Ruling on Surrogacy

The family lineage holds a higher importance in Islamic law. In fact, family lineage is one of the basic objectives of Islamic law pertaining to social and family structure. In this context, the 5^th verse of Surah Al-Ahzab provides the guiding principle.

Translation

Call them by the names of their fathers. This is the right course in the sight of God. If you do not know their fathers, they are then your brothers in religion and your friends. It will not be a sin if you make a mistake, unless you do so intentionally, for God is forgiving and kind.

While this verse defines the status of fatherhood in the Islamic family lineage, the 2^nd verse of Surah Al-Mujadila describes the status of motherhood as follows:

Translation of the relevant part

Their mothers are only those who gave birth to them.

These verses set the principle that the family lineage holds the prime status in Islamic teachings, and it is related to the father. In other words, the parentage and family identity are associated with the father. Moreover, it also states that the parentage must be legal within the framework of Islamic principles. It also implies that the family lineage must be identifiable and clear enough so that there should be no ambiguity about the basic question: who are the biological or genetic parents? At the same time, the 2^nd verse of Surah Al-Mujadila also clarifies that the one who gives birth to a child is the only mother.

But the concept of surrogacy raises confusion and multiple complex questions on the parentage, as follows:

• Who is the actual mother of the newborn?
• Who is the genetic or biological mother, and who is the birth mother of the child?
• Who are the actual parents, or who holds the actual parental rights?
• How would the family lineage be defined in the case of surrogacy?

These are some of the core reservations that Islamic scholars have on the idea of surrogacy, which also forms the basis of deciding and giving an Islamic ruling on the subject of surrogacy. Accordingly, in the event of a birth out of surrogacy, the confusion arises about who is to be considered the mother of the newborn, because:

• The one whose egg was used is the genetic mother.
• The one whose womb was used and who carried the pregnancy is the birth mother, or in medical terms, “a gestational mother.”

Hence, the status of the child as far as motherhood is concerned becomes highly ambiguous, which negates the very basic Islamic principle of parentage and family lineage.

There is more than one authentic Hadith reference that emphasizes the importance and need to protect the family lineage. Hadith 6766 of Sahih Al-Bukhari describes it as follows:

Translation

Whoever claims to be the son of a person other than his father, and he knows that person is not his father, then Paradise will be forbidden for him.

The same subject is mentioned in Hadith 6768 of Sahih Al-Bukhari in the following words:

Translation

Do not deny your fathers (i.e., claim to be the sons of persons other than your fathers), and whoever denies his father is charged with disbelief.

The above references from authentic Hadith collections categorically define that there should be no ambiguity or confusion in the parentage of a child.

On the basis of the clearly defined parental status and family lineage as per the Quran and Hadith teachings, a vast majority of the Islamic scholars have clearly described surrogacy as “impermissible” (hara’am) in Islam and must not be practiced under any circumstances.

Does Islam Allow Surrogacy?

The Islamic ruling on surrogacy is that it is impermissible and not allowed.

The ruling is based on the following facts:

• Surrogacy creates confusion or ambiguity about who the real mother is.
• It violates the basic condition of marriage between the husband and wife, as it involves a surrogate (another woman, who is not married to the intending father).
• The legal parental rights become uncertain, as one woman is the biological mother, whereas the surrogate is the birth mother. It results in legal disputes about inheritance, physical custody of the child, and, more importantly, the maternal identity. Such complications are clearly against the Islamic family structure. It also negates the relevant Islamic family law.

The ruling is also supported by the ethical wisdom as follows:

• Protection of the family structure cannot be ensured in surrogacy.
• Surrogacy does not ensure preservation of lineage.
• Surrogacy tends to exploit the dignity and respect of women.
• Avoiding surrogacy also avoids legal complications about parenthood, especially motherhood.

FAQs

1. Is surrogacy permissible in Islam?

No, according to a vast majority of scholars, surrogacy is not permissible (hara’am) in Islam because it involves a third party in the process of childbirth, which causes confusion over family lineage.

2. Why does Islam not allow surrogacy?

Some of the main reasons behind not allowing surrogacy in Islam are preservation of lineage, avoidance of confusion about who is really the mother, strengthening and protecting the marital boundaries, and avoidance of potential legal complications regarding parenthood.

3. Who is considered the mother in Islam?

In Islam, “the woman who gives birth to the child is considered the mother, as mentioned in the 2^nd verse of Surah Al-Mujadila.

4. Is traditional surrogacy more problematic in Islam?

Yes, in this type of surrogacy, the egg of the surrogate mother is used, whereas she also bears the pregnancy and gives birth to the child. Hence, in this case, the surrogate becomes both the biological and birth mother.

5. Can a second wife become a surrogate in Islam?

The majority of contemporary scholars opine that this arrangement is not allowed in Islam, as it creates ambiguity about motherhood.

Conclusion

Surrogacy is a modern medical technique that enables infertile couples to have children. The process works by taking eggs from the intending mother, fertilizing them with the sperm of the intending father, and implanting the fertilized egg in the womb of another woman (surrogate). The surrogate then holds the pregnancy and gives birth to the child, who is then handed over to the couple whose egg and sperm were used. In this way, the surrogate becomes the birth mother, whereas the actual mother remains the genetic or biological mother. In Islamic teachings, the family lineage holds a prime status in the family structure; hence, surrogacy is considered impermissible (hara’am) in Islam.

Moreover, surrogacy also violates the marital boundaries and may also result in legal inheritance issues at a later stage. Therefore, it is almost a consensus among contemporary scholars that Muslims must avoid practicing surrogacy; instead, they should have patience and trust in Allah سُبْحَانَهُ وَتَعَالَى. Additionally, they can also opt for medical treatment for their children, remaining within the boundaries of Islamic teachings.