What’s your fatwa regarding SURROGACY

SURROGACY%0D%0A%0D%0ASurrogacy involves a woman (the surrogate) agreeing to bear a child, and%0D%0Asubsequently to surrender that child to be brought up by a person or persons%0D%0Aother than herself.%0D%0A%0D%0ASurrogacy may be useful where a woman is unable to bear a child, due to%0D%0Asevere pelvic disease or she has had a hysterectomy or because she has%0D%0Amedical problems (e.g. heart or kidney disease) and pregnancy may seriously%0D%0Athreaten her life or health.%0D%0A%0D%0AThe under-mentioned definitions regarding surrogacy have been summarized%0D%0Afrom 'The Reproductive Revolution' (Singer, P., and Wells, D. Oxford: Oxford%0D%0AUniversity Press 1984)%0D%0A%0D%0AThe most common form of surrogacy is where a couple arrange for a surrogate%0D%0Ato undertake artificial insemination using the semen of the male partner.%0D%0AThis is called "partial surrogacy".%0D%0A%0D%0AAlternatively, a surrogate may have a biological link with the child she%0D%0Abears by virtue of the fact that fertilization was achieved by means of IVF%0D%0Afollowed by embryo replacement. This is called "IVF and ER surrogacy". (For%0D%0Ainstance where a surrogate has blocked fallopian tubes but has no ovulation%0D%0Aproblems.)%0D%0A%0D%0AA surrogate born-child may have no genetic link with the surrogate at all.%0D%0AIn other words, the surrogate is merely offering her gestation function to%0D%0Aan embryo. This is referred to as 'fall surrogacy".%0D%0A%0D%0AA more unlikely possibility, where the surrogate has no genetic link with%0D%0Athe child, is where the commissioning parties also have no genetic link with%0D%0Athe child - for instance, where an embryo is donated by anonymous gamete%0D%0Adonors. This is referred to as "donate embryo surrogacy".%0D%0A%0D%0ASurrogacy can also be classified according to whether or not money is a%0D%0Aconcern. Where payment is involved, depending on the sort of payment, and to%0D%0Awhom it is made, one can envisage at least three different possibilities.%0D%0AThe first possible situation arises where a woman agrees to be a surrogate,%0D%0Aproviding that the commissioning parties will compensate her for all%0D%0Aexpenses for the conception and birth of the child and any loss of earnings%0D%0Aby the surrogate during the period of confinement. This is "surrogacy with%0D%0Areasonable compensation".%0D%0AThe second possibility is where a surrogate may receive payment besides that%0D%0Awhich represents a reasonable compensation. This is called "surrogacy for a%0D%0Afee".%0D%0AThe third possibility is where payment may be made to a party other than the%0D%0Asurrogate. An agency may operate on a commercial basis, arranging surrogacy%0D%0Aand charging both surrogates and commissioning parties to bring them%0D%0Atogether and for provision of counselling services. This is called%0D%0A"commercial surrogacies". (This is one of the reasons why the media often%0D%0Acalls surrogacy "baby selling').%0D%0AHowever, money is not necessarily an important part of surrogacy. For%0D%0Ainstance, a sister may bear a child for her infertile sister, and the whole%0D%0Atransaction may involve no payment of money or other rewards. This is called%0D%0A"surrogacy in principle".%0D%0AThe above-mentioned techniques no doubt allows an infertile couple to have a%0D%0Achild who would have the genetic compliment of the husband, if the husband's%0D%0Asperm is used to fertilize the ovum of the surrogate woman. But, this is%0D%0Awhere the problem arises - fertilizing the ovum of a woman by the sperm of a%0D%0Aman other than her husband can be regarded as an adulterous union. Thus it%0D%0Awould be illegal under IslAmic Law. Now it may also happen that the sperm%0D%0Aand the ovum of the married couple is fertilized in vitro and placed in the%0D%0Awomb of the surrogate mother who would be paid for giving birth to the child%0D%0Awho would, in that respect, bear the genetic compliment of the contracting%0D%0Acouple. Here, it may be pointed out that Islam does permit Muslims to have%0D%0Atheir children breast- fed by other women. If that is done, then the child%0D%0Awould be like the child of the wet-nurse. This means that if the wet-nurse%0D%0Ahas her own biological children then the child she breast-fed would not%0D%0Alegally be permitted to marry any of her own biological children. But, it%0D%0Amust be emphasised that this privilege can in no way serve as justification%0D%0Afor the surrogate mother. No parallel can be drawn between the wet-nurse and%0D%0Athe surrogate mother. The wet-nurse provides the basic nourishment to the%0D%0Aalready bom child, while the surrogate mother carries the "unformed" child%0D%0Ato term and literally gives birth to it.%0D%0A%0D%0AISLAMIC VERDICT%0D%0A%0D%0AScholars of Islam have pronounced the following fatwa (Islamic verdict)%0D%0Aregarding surrogacy:%0D%0A%0D%0AIt is illegal and immoral to introduce into a woman the sperm of any man%0D%0Aother than her husband. The formation of the embryo outside the human body%0D%0Awill only be permissible subject to certain strict conditions. It will be%0D%0AHaram (forbidden) to form the embryo by the fusion of a woman's ovum with%0D%0Athe sperm of a man other than her husband. It is also not lawful to implant%0D%0Ainto a woman an embryo developed in a haram way.%0D%0A%0D%0AConsequently, it will be quite obvious that it is Haram to introduce sperm%0D%0Aor embryo into an unmarried woman.%0D%0A%0D%0AIf, in violation of Allah's Law, either the sperm of a man other than the%0D%0Ahusband's has been introduced into an unmarried woman or a Haram formed%0D%0Aembryo has been introduced into a woman, the rulings will be as follows:%0D%0A%0D%0A1. If the woman is married, the resultant child will legally be that of her%0D%0Ahusband even if it is confirmed that the sperm used was not that of her%0D%0Ahusband.%0D%0A2. The same ruling will apply if the child results from a haram embryo. Even%0D%0Aif the embryo was formed by the fusion of the woman's ovum with the sperm of%0D%0Aanother man, the child will legally be that of her husband.%0D%0A3. The 'donor' of the sperm has no right whatsoever over the child even if%0D%0Aprior agreement or contract was entered into to give him the right over the%0D%0Achild.%0D%0A4. If the woman is unmarried, the resultant child will be illegitimate and%0D%0Awould be regarded to be that of the surrogate mother.%0D%0A%0D%0ASurrogate motherhood is definitely not allowed in Islam due to the fact that%0D%0Amany evils may arise from this procedure, which can be listed as follows:%0D%0A%0D%0A1. Unmarried women could be tempted into 'leasing' their wombs for monetary%0D%0Abenefits, which would, in turn, undermine the very institution of marriage%0D%0Aand family life.%0D%0A2. In order to relieve themselves of the agony of childbirth, married women%0D%0Acould be tempted to resort to this technique. Islam abhors such action%0D%0A3. since pregnancy cannot be regarded as a burden, but in fact it is a%0D%0Ablessing A woman who passes away whilst in the process of delivering, is%0D%0Agiven the status of a martyr.%0D%0A4. A Transvaal (Tzaneen) surrogate grandmother gave birth to her daughter's%0D%0AIVF triplets on October 1987 76 which was a result of the South African%0D%0AGovernment not clamping down on such practices. Can Pat Anthony's (surrogate%0D%0Amother) action in carrying the children of her biological daughter, Karen,%0D%0Abe morally justified? In doing so, she has implanted the sperm of her%0D%0Ason-in-law into her womb. Biologically, the surrogate children she gave%0D%0Abirth to, would become her daughter, Karen's, brothers and sisters, and at%0D%0Athe same time, would be legally regarded as Karen's children. Karen in turn%0D%0Awould thus be sharing two types of relationship with the same children.%0D%0A5. Finally, surrogate motherhood violates the systematic planning of Allah%0D%0Ain the normal process of procreation.%0D%0A%0D%0AISLAMIC PRINCIPLES ON FAMILY PLANNING, Qasmi Publication (p. 150 - 153)