Surrogacy

Punisher, Just.....but His mercy is far greater than His rage.

He says in Qur'an "if you don't know ask those who have wisdom and authority". :)

An adopted child don't get the inheritence, sister.

Re: Surrogacy

^ That's up to each individual. I would raise an adopted child as my own (evenththough s/he may know s/he is adopted) and give her/him inheritance.

And certainly, adoption is allowed in Islam. Hiring a wetnurse is allowed in Islam too. Feeding a baby formula is not unIslamic. All of these things are allowed in Islam, so I don't see yet any reason to think surrogacy is haraam.

Would I hire a surrogate if we couldn't have children? It's very unlikely. Mostly because my husband and I are both okay with raising another's child as our own. Some men will divorce their wives because they are unable to have biological children. I would think that if this allows them to avoid the breaking of a marriage, or allows a couple a chance to have a biological child -- a union of the two, then what's wrong?

If You don't agree , that's fine.
I only gave the opinion of those who are in authority i.e Dr Hathout. Follow or don't follow, it's up to you.
Or if you want to take it further, contact Dr Hassan Hathout who says "
Q.18. If a mother is fertile but cannot carry the child for medical reasons, is surrogacy allowed?
A. Not in Islam. Procreation emanates from a marriage contract, and a marriage contract accommodates two persons; husband and wife. Thus, assisted reproduction is allowed only between husband and wife while they are married.

for further detain perhaps buy a copy of this book....
*Human Genetic and Reproductive Technologies: Comparing Religious and Secular Perspectives - An Islamic Perspective*

***Dr. Hassan Hathout, **F.R.C.O.G., F.R.C.S.E., F.A.C.S., Ph.D. (Edin)*
**

Allah (God) is the infinite Being who originated the creation including planet Earth. Out of Earth, he created life, including human life.

To replenish Earth and maintain life, individual lives have to come to an end. Man, however, is more than the earthly component because his body harbors a spiritual godly element. This is the philosophy of the divine religions of Judaism, Christianity, and Islam. The paper displays the Islamic juridical instruments by which to formulate rulings on the events of life in all times and places. Humans are the only autonomous race given knowledge, a concept of good and evil, the freedom to choose (within limits), and hence, inevitable accountability.

Human life is therefore, deservedly, sacred. It is inviolable from the time of establishment of the feto-maternal unit to the natural end of its life on Earth except for limited and specified indications.

Reproduction is a legitimate need for the species and legitimate desire for the individual. Treatment for infertility is therefore legitimate provided it observes the juridical prescription for pairing off and procreation i.e. under the cover of a marriage contract between one man (husband) and one woman (wife). In this respect, the resort of test-tube baby technology not involving a third party (sper, ovum, or uterus), during the span of the marriage, would be permissible. The procedure is merely a "detour" if a road is obstructed.

Genetic engineering involving the introduction of the genes of one species to another is not permissible except as a means of combating illness and alleviating suffering. Outside this necessity, it is impermissible.

Cloning is outside the bounds of religious permission if used for reproduction. Moreover, it is fraught with serious consequences. Its use for purely research purposes may be permissible during the very early stages before body systems are formed including the nervous system.

Stem cell research on pre-implantation embryos (usually surplus from IVF procedures) may be justified if the aim is to save actual patients suffering serious illness, on the basis of the juridical rule of choice of the lesser of two evils.

Re: Surrogacy

again, this is open to interpretation! Sure a marriage contract is between 2 people and procreation emanates from them. As in egg meets sperm. So just as another woman may breastfeed and nurture their child, another woman may provide a womb to nurture their child. If the couple so decides.

I still can't imagine breastfeeding and surrogacy being same thing. Keeping a child in womb then bearing it is different than just feeding him/her.

The status of one who gives birth is far more greater than the one who feeds on her milk thus the former is not to be left alone without any protection and without her child after she has given the birth like people do in common surrogacy.

Re: Surrogacy

Surrogate mothers are also human and we should treat them like humans not machines, they're not a thing that you can hire for a while and then forget about them forever.

A wet-nurse has a great status in Islam but do we give them money for breast feeding or after they're done we forget about them completely? No. Look at the Prophet(SAW)'s example with how much respect he treated his wet-nurse, her children were half siblings to the Prophet(SAW). And she only breast fed her for few months.

Imagine a woman who actually keeps a child in her womb and bears it, what do people do to them?
Do they give them the status of a family member?

Re: Surrogacy

wow, your latest posts open up whole new cans of worms lol! again, all is open to interpretation! I will post later...we are having a snow day today so i am off to be with boyz now...and this is actually an emotionally exhausting topic yeah? lol..

anyway, will continue later.

He (SAW) was also able to give her that degree of respect, eventho she did not marry his father. I think individuals CAN go about the relationship in a just, caring, and ethical manner.


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Although, it was a pre-islamic practice as Islam promotes the mother to breast feed her own baby so we can't really make surrogacy halal without marriage based on only this incident and that's in pre-Isalmic history.

If you want to compare surrogacy with Islamic surrogacy, look at the example of Ibrahim(AS) and Hajrah and Sarah.

I agree each individual is different and can have morals and ethics but having ethics and morals is not enough for making or altering laws, what if the baby when grows up wants to marry his surrogate mother?

Point is even an ethical person needs to sign a contract for taking a loan out or for making sure that he'll give the respect and protection to the surrogate mother.

The facts show there aren't many ethical people left in the world, look at all those documentries about surrogate mothers, you'll hardly find a woman who'd been treated as a family member.

yeah I'm tired myself....and I missed my prayer.

nicely said

Re: Surrogacy

great debate ladies - I am enjoying reading the different point of views

This age old example perfectly fits on your logic. People buy knives to use as a kitchen utensil and others buy it to kill other people so we should ban making , selling and buying of all kinds of knives ?

What treatment of surrogate mothers has to do with it being a legitimate practice of allowing people to have kids if they cannot conceive ?

There are some who will treat the surrogate mother with respect. Also surrogate mothers normally agree to it for the love of family , out of their wish to help other fellow humans who are in suffering emotionally because they do not have kids of their own.

You might find such a nice person and such a nice family but apparently this is not the case in most surrogacy pregnancies, people exploit others.

Treatment and rights of surrogate mother and her child is only one aspect of the issue and why I'm talking about this again and again because it has more importance in my eyes than other reasons.

Besides, I'm not in a position to declare it completely allowed when the scholars have already done their job by saying surrogacy is allowed under the marriage contract.

Can you tell us who has more rights over the child, a surrogate mother or the biological mother?

Do you know according to Qur'an only that woman who gives birth is considered the mother of the child?

Re: Surrogacy

Hareem, that all depends upon the country where the surrogacy is taking place, the laws that apply in that country, the contract (if any) that is written, signed and understood by all parties prior to the actual undertaking. In most cases in US, there is a very satisfactory ending to the process. I really dont know about other countries and their laws...but if it were nothing but heartache and bad endings...well then it wouldnt be happening as often yeah?

When I was infertile, my SIL bless her heart, told me that if it came down to it that she would bear the child of myself and hubby instead of getting a second wife for him. There have been many cases of a close family member carrying a child for a relative. Those surrogates who are not related at all and who undertake the process as a humanitarian thing...are almost always offered to be a lifelong part of the child's life if they want to be.

I'm not trying to convince you to change your mind. You do indeed have valid points. Yet it isnt all heartache and bad endings either. And I still have yet to see any kind of religious scripture which would make it forbidden. Like I've been saying, its all open to personal interpretation yeah?

Re: Surrogacy

Also...I think we need to remember that at the time of the writing of the Koran, there was no concept of surrogacy. The closest we can come to that idea is wet-nurse - and according to Koran, a woman who uses the fruit of her body to nourish the child of another is a very blessed woman. So it follows that a surrogate would be even more blessed it seems to me.

Qur'an only talks about mothers breast feeding their children for two years, wet-nurse is not mentioned in Qur'an. It was a practice of Arabs before the coming of Prophet Muhammad (SAW).

Also, Qur'an isn't writing of Prophet Muhammad(SAW) or any other human being, it's the word of God.
But sure, there wasn't modern surrogacy or clonning. But it is mentioned in the Qur'an that women who gives birth is the only mother of the child.

2. If any men among you divorce their wives by Zihar (calling them mothers), they cannot be their mothers: None can be their mothers except those who gave them birth. And in fact they use words (both) iniquitous and false: but truly Allah is one that blots out (sins), and forgives (again and again).

Re: Surrogacy

None can be their mothers except those who gave them birth

ok but even this is open to interpretation in the sense of today's technology yeah? When a woman's egg is fertilized by her husband's sperm, she gives that fetus the ability to be born. DNA test would confirm that the wife is the biological mother.

As far as breastfeeding - I think there is reference to wet-nurses in the Koran but I have to check on that....I seem to remember something about it, that a woman who gives her milk to another's child becomes a sort-of mother to that child - to the point that the child would not be able to marry the wet-nurses children.

That's right, marriage between milk brothers and sisters is not allowed, it's in ahadith but i don't think it's mentioned in Quran.

Can the DNA test confirm who bore the child?