Re: Outsourcing Motherhood - Is it allowed in Islam ?
Peace USResident bro
I agree with your first point ... don't mind the missus she gets angry when men try to explain things they have no idea about how it feels, but I did try to explain to her that if the technology was useless then why do so many women insist on using those techniques?
Totally agree with the next point too ... If some people call a child born out of wedlock a criteria for zina then that is dangerous especially with regards to what we understand about Isa (AS) ... however, to say the impregnation was artificially done then that is subject to ijtihad because it is a new matter. When it comes to motherhood one can only have one mother. If anything the surrogate mother has a greater claim on the child because she has had to forebear more time, more pain more of her blood is shared even though it is not her genetics. It is her effort and the psycho-spiritual bond is formed with her also. That presents a lot of problems on the paper. It is like having your "biological" mother as a step mother and your "surrogate" mother as your actual mother if it comes down to attempting to legalise the whole situation.
Potentially this scenario should be entertained, because it is quite possible for a surrogate mother born person could potentially become a Muslim in later life and would then be subejcted to such conditions.
Oh don't worry. Your missus is moi sister. I was going to give the same argument you just gave her.
With the example that Mirch has quoted about wet nurses. I do not think it awards the status of a surrogate mother (a substitute for mother) but rather determines the classification of mahram and non-mahram. In Islam there are no aspects related to wet nurses which make them recipients of other privileges of motherhood and inheritance. They just become mahrams. I agree if there is a case of surrogate mother then probably the surrogate mother should have legal status of a biological mother IMO. For the biological mother, it becomes more like adoption in practice or rearing of a surrogate child. This would be hard for both mothers, which is why I think it should not be prefered. Or atleast the legalities should be understood based on the country's laws. This could end up ruining the lives of both mothers and the child. To me the first priority should be on how the child will be protected in this scenario. As you mentioned this is something new, I don't think we can make halal or haram but we can make it legal or illegal depending on the countries laws. It would depend on the society's acceptance and understanding.