Generally, surrogacy in Islam is legal in some situations and sometimes is not allowed under some different overview! So, when Surrogacy is Halal in Islam? There are other Sunni and Shia views on whether or not surrogacy is legal in Islam. Below, you find the complete answer that addresses your needs and concerns.
When is Surrogacy Halal (Permitted) in Islam?
Permitted (Halal) Situations:
✔ Shia Perspective: Some Shia scholars, particularly in Iran, allow surrogacy under strict conditions:
- The sperm and egg must come from a legally married couple.
- The surrogate mother should ideally be a second wife of the same husband to avoid lineage issues.
✔ Medical Necessity: Some scholars argue that infertility treatment is an essential aspect of preserving the human species, making surrogacy permissible when no other option exists.
✔ Controlled Financial Agreements: If surrogacy is done without commercial exploitation and only covers medical and pregnancy-related expenses, some scholars find it acceptable.
Not Allowed (Haram) Situations:
✖ Sunni Perspective: Most Sunni scholars prohibit surrogacy because:
- It involves a third party, which is seen as a violation of lineage and marital sanctity.
- It is considered similar to Zina (unlawful sexual relations) since another woman carries the child.
✖ Use of Donor Sperm or Eggs: If the sperm or egg comes from someone other than the married couple, it is completely forbidden.
✖ Commercial Surrogacy: Paying a surrogate mother to carry a child is generally seen as unethical and exploitative.
✖ Inheritance & Lineage Confusion: If surrogacy leads to disputes over parental rights or inheritance, it is considered harmful and not allowed.
Is Surrogacy Haram in Islam?
As we said earlier, there are different overviews of different religious beliefs. For complete information, we summarize the beliefs of the two most important groups of Muslims about whether surrogacy is allowed in Islam or not:
Sunni Perspective:
Many Sunni scholars do not support surrogacy because they believe it can create confusion about family ties and the importance of marriage. They see having a surrogate mother as a potential threat to clear family lineage and liken it to adultery, which is not allowed in their beliefs. Furthermore, the medical procedures involved in surrogacy may require actions that are considered unacceptable, such as looking at or touching private parts. In 1985, a significant group of Islamic scholars, known as the Islamic Fiqh Council of the Muslim World League, decided that surrogacy was unacceptable within their moral and religious framework. 360info.org
Shia Perspective:
In contrast, Shia scholars, particularly Surrogacy in Iran, have shown more flexibility regarding assisted reproductive technologies, including surrogacy. In 1999, Ayatollah Ali Khamenei declared that it is acceptable to use donors for fertility treatments as long as the egg and sperm come from a legally married couple. This ruling also allows for surrogacy under certain conditions. It is important to note that this practice is considered different from adultery, as it does not involve sexual relations with the surrogate.. 360info.org
Remember that these meanings can differ depending on the scholar and the culture. Muslims who are thinking about surrogacy should talk to religious leaders in their community who are knowledgeable about the practice to get advice that fits their unique situation.
Is surrogacy legal in Islam Hanafi?
The Hanafi school of Sunni Islam has different ideas about whether or not surrogacy is legal based on how different religious texts and old law rules are interpreted.
Some modern scholars argue that surrogacy is not allowed because it could create confusion about parentage and could lead to forbidden relationships. However, others believe that surrogacy can be acceptable if specific strict guidelines are followed to maintain clear family roles and ensure biological connections are respected.
This discussion looks at what the Hanafi legal rules say about surrogacy. It focuses on essential texts and current ideas in medicine. In the end, surrogacy could be okay if it involves married parents and if there are clear agreements to avoid arguments about who the parents are and who takes care of the baby.
Fatwa about Surrogacy in Islam
In addition to Ayatollah Ali Khamenei’s 1999 fatwa that permitted third parties to be involved in fertility treatments under specific circumstances, many other well-known Islamic experts have also expressed their views on surrogacy.
Ayatollah Ali al-Sistani:
Ayatollah al-Sistani permits surrogacy when the sperm and egg are from a legally married couple, and the fertilized egg is implanted into another woman’s womb. He states:
“If the sperm and egg belong to the husband and wife and the inseminated egg is then implanted in another woman’s womb, there is no problem. It is permissible per se.”
However, he emphasizes that due to the necessity of touching and seeing private parts during the procedure, such insemination is only permissible when the married couple faces unbearable difficulties without it.
Sheikh Yusuf al-Qaradawi:
Sheikh al-Qaradawi, a prominent Sunni scholar, opposes surrogacy, emphasizing the importance of preserving lineage and marital sanctity. He asserts:
“Islam safeguards lineage by prohibiting adultery, fornication (zina), and legal adoption, thus keeping the family lineage unambiguously defined, without any foreign element entering.”
These quotes show that Islamic scholars have different ideas about whether or not surrogacy is legal. This shows how important it is for people to get personalized advice from religious leaders in their faith.
In final words, we want an answer to another vital question Muslims Women may have:
Can Muslims be Surrogate?
The answer to this question depends on the different religions, too. In short:
In Sunni Islam (Generally Not Allowed)
❌ Surrogacy is prohibited because:
- It involves a third party, which violates lineage and marital sanctity.
- It is considered similar to Zina (unlawful relations).
- The Islamic Fiqh Council and Al-Azhar University have ruled against it.
In Shia Islam (Allowed Under Conditions)
✔ Some Shia scholars permit surrogacy if:
- The sperm and egg come from a legally married couple.
- The surrogate is ideally the second wife of the husband.
- The process does not involve prohibited physical contact.
Final thought:
Surrogacy in Islam is a complex topic influenced by different perspectives and overviews! On the one hand, having a third party take part in the holy act of giving birth is against nature and might be called haram. Instead, surrogacy helps families stay together and makes sure that the gene stays alive.
In these pieces, you learned about different overviews of Islam. For more specific information about legal processes and scholar overviews in Muslim countries, you can contact our office in Iran for a free consultation.
