Re: Outsourcing Motherhood - Is it allowed in Islam ?
Since the scholars haven't done enough research on gestational surrogacy and its status of being haram or halal is not clear, so we should avoid indulging in it. Also we should keep in mind that in most western countries a surrogate mother can refuse handing over the baby to the couple after it is born.
Agree that we should stay away from it until legalities are defined. I doubt we can declare it halal or haram but we can definitely set the legalities involved with it, which will leave it to individual choice and contractual basis.
I don't know what the laws are in US for gestational surrogacy, I'm positive something like this will have defined laws as to who has right to the child. IMO the biological mother should have rights. The surrogate mother is knowingly agreeing to carry someone elses biological child as a service. If she wants biological children of her own then she can have them with her own spouse.