The Challenges of Surrogacy in Islam: Is It Allowed?

surrogacy, a modern solution for infertility, faces many legal and ethical challenges in the Islamic world. In Shiite beliefs, surrogacy is generally allowed under certain conditions. However, many Sunni scholars question or outright reject its legitimacy.

The challenge goes beyond just whether surrogacy is allowed in Islam. There are important questions to consider, such as the legal status of the surrogate mother, the relationship between the newborn and the surrogate, and issues of inheritance and family ties for the child. These complexities make surrogacy a challenging topic within Islamic law.

In this article, we will examine the diverse views on surrogacy within Islamic schools of thought, with a particular focus on the differences between Shia and Sunni perspectives. We will also discuss the legal and religious implications that arise after a child is born through surrogacy.

What Is Surrogacy and Why Do Couples Choose It?

Surrogacy is often considered a last-resort infertility treatment for couples who cannot conceive naturally. Women may turn to a surrogate for several reasons:

• The woman has a damaged or diseased uterus that cannot support pregnancy;
• Pregnancy poses serious health risks to the mother;

Her physical condition makes carrying a baby unsafe or impossible.Is Surrogacy Legal in Islam?

In general, surrogacy is considered allowed (halal) in Islam, but only if strict religious and ethical guidelines are followed:

• The sperm and egg used for fertilization must come from the legally married couple;
• No physical or inappropriate contact must occur between the surrogate and the husband;
• There must be a valid medical necessity, addressing any underlying issues of infertility;
• A transparent and fair legal contract should be drafted between all parties involved, ensuring that it aligns with moral values and Islamic law (Sharia);
• The surrogate mother must receive complete medical supervision to ensure her physical and mental well-being throughout the process.



Shiite Scholars’ Views on Surrogacy

While surrogacy is generally legal in Islam, there are diverse opinions among Shiite scholars regarding its permissibility. Here are some key viewpoints:

• Ayatollah Khamenei believes that surrogacy is allowed if fertilization occurs exclusively between a legal husband and wife. He emphasizes the importance of avoiding non-Shariah practices, such as inappropriate contact or gaze towards a non-mahram;
• Ayatollah Sistani shares a similar opinion, stating that surrogacy is acceptable as long as it adheres to the principles of Islamic law;
• Ayatollah Safi Golpayegani also supports the practice, provided it is conducted without any forbidden interactions or gazes;
• Ayatollah Fazel Lankarani and Ayatollah Khoei express opposition to surrogacy, considering it potentially problematic.

Sunni Scholars’ Views on Surrogacy

Most Sunni scholars are against surrogacy because:

• It can confuse family relationships and disrupt lineage;
• It resembles sexual intercourse, which is not allowed in Islam, even if there is no physical contact.
• However, some Sunni scholars accept surrogacy when done with good intentions and without any inappropriate behavior, like gaze towards a non-mahram.

Islamic Law on Lineage, Mahram Status, and Inheritance Rights of Surrogate Children

One of the most significant challenges of surrogacy in Islam is determining the surrogate child's lineage and inheritance rights.

Lineage

Most Shiite scholars believe that the child's lineage belongs to the biological parents who provide the sperm and egg. Consequently, As a result, the surrogate mother is not recognized as the legal mother of the child.

Mahram Status

Generally, the child is considered non-mahram (non-marriageable kin) to the surrogate mother. However, if the surrogate breastfeeds the child after birth, she gets the role of a milk-mother and the child becomes mahram to her. Some scholars, including Ayatollah Makarem, advise that the surrogate should breastfeed the child as a precautionary measure.

Inheritance

The child inherits only from the biological parents. The surrogate has no inheritance rights unless explicitly granted in a will or legal agreement.



Why Do Some Scholars Oppose Surrogacy?

Main concerns among Sunni and Shiite scholars who oppose surrogacy are as follows:

Lineage Confusion

Surrogacy could cause doubt about the identification of biological parents, which is crucial in Islamic law.

Conflict with Traditional Family Structure

Some Sunni and Shiite scholars believe surrogacy challenges the natural and traditional Islamic concepts of family and parenthood.

Legal and Ethical Complications

A key issue of surrogacy is the potential for the surrogate mother to form an emotional attachment to the baby, which could result in psychological harm. Furthermore, breaches of contract by any party can cause serious legal complications.

Commercialization of the Human Body

Turning surrogacy into a business may degrade human dignity and exploit poor women.



 The Bottom Line

Despite ongoing debates, surrogacy is not inherently forbidden in Islam as long as it is practiced within the framework of Islamic laws. By drafting clear contracts and adhering to religious rules, surrogacy can be a permissible option for Muslim couples facing infertility problems.

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Frequently Asked Questions on Surrogacy in Islam

·Is surrogacy haram in Islam?

Surrogacy is halal (allowed) in Islam under certain conditions—specifically, when fertilization is done using the genetic parents' own sperm and egg and no illicit contact occurs.

·What is the Islamic scholars' opinion about surrogacy?

Opinions vary. Most Shiite scholars accept it with conditions, while many Sunni scholars reject it due to issues about lineage and morality.

·Is the surrogate considered the child’s mahram?

No, unless she breastfeeds the baby after birth, in which case she becomes the child’s milk-mother and thus mahram.

·Can a surrogate be paid in Islam?

Yes, as long as the payment is for medical care and not treated as a commercial transaction. The agreement must respect the surrogate’s dignity and avoid exploitation.