Does Islam Allow Surrogacy?

What is surrogacy?

Surrogacy is a form of assisted reproductive technology. It is the process where a woman who is referred to as the surrogate, agrees to get pregnant and deliver a baby for another individual or couple that is referred to as the intended parent or parents. The process is a very complex and controversial topic in many sectors, countries, and religions. Due to the complex nature, many curiously ask: does Islam allow surrogacy? 

Two forms of surrogacy are generally recognized: the traditional and the gestational. In traditional surrogacy, the surrogate is artificially inseminated with the sperm from the intended father in order to get pregnant. This creates a genetic link with the surrogate as her eggs are used. In gestational surrogacy, the embryo is created using the egg and sperm obtained from the intended parents or donors through IVF. After the creation, the embryo is then transferred to the uterus of the surrogate who then carries and delivers the baby. 

Due to the different laws guiding surrogacy in different countries, transnational or international surrogacy is a growing phenomenon. This is where intended parents in countries that do not allow surrogacy, through medical health travel agencies or meditour agencies, seek overseas medical treatment in countries with favourable surrogacy laws. This practice is allowed in those countries as medical tourism or health tourism.

Surrogacy in Islam

Surrogacy in Islam is a complex and a controversial topic, and it often raises a range of legal, ethical as well as religious questions. The surrogacy process raises concerns about lineage, parentage and its broader implications on the family as a unit and the society at large. While there is no generally accepted perspective on surrogacy in Islam, there are various opinions among Islamic scholars regarding its permissibility and the circumstances in which it will be considered acceptable. There are different opinions on it among Islamic scholars and leaders, in both the Sunni and the Shia. Since no single authority in Islam can make a definitive ruling on the permissibility of surrogacy, as a result, Islamic leaders and scholars have differing opinions on the matter.

In Sunni Islam, the majority of scholars hold the view that surrogacy is not allowed because a third party conceives a child, which is seen as a violation of the natural order of procreation. Additionally, it may cause issues in the lineage and inheritance. There are still some Sunni scholars, however, who consider surrogacy permissible under certain conditions, like if the husband’s sperm is used, or if the surrogate is a close relative.

In Shia Islam, there is generally a positive view on surrogacy. In the view of major Shia scholars, surrogacy is permitted because it does not include a sinful act, and it is to maintain the family foundation. There is no clear consensus among Islamic scholars on the acceptability of surrogacy in Islam, and the opinions may vary depending on the specific circumstances and the details of the individual case. In general, many Islamic leaders and scholars consider surrogacy to be halal or permissible if it is done within the boundaries of Islamic fertility laws and to fulfil a desire to have children, while also protecting the rights of all the parties involved in the process.  

What does the Quran say about surrogacy?

The Quran, which is the central religious text in Islam, was revealed in the 7th century, which was long before the development of many medical procedures like surrogacy. As such, it does not specifically address the idea of surrogacy. What it provides are the principles and guides related to parenthood, lineage, and the sanctity of marriage, which form the basis for Islamic jurisprudence when deliberating on modern issues like surrogacy.

One key principle in Islam is the preservation of the lineage. The Quran clearly defines the relationship within a family and its rights. The Quran also places a high value on the institution of marriage, and surrogacy, which will involve a third party, can be inferred to challenge that institution. This view has led some scholars to be a bit more conservative towards surrogacy. However, on the other hand, some scholars, looking at the broader Islamic principle of bringing relief and making things easier for believers, argue for a more compatible approach considering the use of surrogacy. The Quranic principles in the context of surrogacy are reflective of the ever-changing nature of Islamic Jurisprudence as it deals with contemporary issues.

Are there any conditions for surrogacy in Islam?

While the Quran does not directly address surrogacy, many Islamic scholars and jurists have sought to provide some type of guidance on the conditions where it may be permissible to carry out surrogacy in Islam, based on the interpretation of Islamic principles. While the consensus varies, a common theme has emerged around the discourse on the issue.

A primary condition that is always given is the preservation of marital sanctity and lineage. Also, some scholars suggest that surrogacy may be allowed if the egg and sperm that will be used in creating the embryo are from a legally wedded couple and the surrogate is just acting as a carrier for the baby, thus ensuring a clear lineage. Importantly, the intent behind the surrogacy process, the consent of all parties involved, and the respect for the dignity of the surrogate are also considered very paramount. This perspective underscores the importance of ethical conduct and noble intentions, which are key tenets of Islamic teachings.

Can Muslims be surrogates?

Since Islamic scholars have different views on the subject of surrogacy, to fully answer the question, more open dialogue, scholarly discourse, and thorough education on surrogacy need to be encouraged. Such constructive dialogues can lead to a deeper understanding as well as clearer guidelines for Muslims as concerns surrogacy and surrogates. The question doesn’t have a generally accepted answer, but it is an evolving dialogue at the intersection of faith, ethics and modern medicine.

Summary 

While having children is not a legal obligation for every couple, chasing the dream of conceiving can be considered a personal right. Parenthood and surrogacy in Islam can be considered valid through following specific conditions and guidelines of Islamic law, jurisprudence and Sunnah.