Is Surrogacy Permissible In Islam?

Summary: In Islam, surrogacy is not considered permissible by the vast majority of scholars due to reasons such as causing lineage confusion, raising suspicion of extramarital relations, and blurring the concept of motherhood.

What Is Surrogacy And How Is It Practiced?

Before delving into the Islamic dimension of the topic, it is important to briefly understand what the surrogacy method entails. Surrogacy is the process whereby a woman (the surrogate mother) carries and gives birth to a child from an embryo that is not genetically her own, and then hands the child over to the couple who are the genetic parents of the embryo.

This process generally works as follows: In cases where a couple wishes to have a child but the woman’s uterus is not suitable for pregnancy or she cannot experience pregnancy due to other health issues, the man’s sperm and the woman’s egg are fertilized in a laboratory environment (IVF method). The resulting embryo is then transferred into the uterus of another woman (the surrogate mother) who has agreed to carry the embryo. The pregnancy proceeds in the surrogate mother’s womb, and after birth, the baby is given to the genetic parents. The critical point here is that the genetic material (sperm and egg) of the born child belongs to the commissioning couple, but the gestation and birth occur in the body of another woman.

Islam’s Understanding Of Family And Lineage

To understand the fiqh ruling on surrogacy, it is necessary to grasp the importance Islam places on the family structure and lineage (nasab). The religion of Islam views the family institution as the foundation of society and aims for this institution to be built on solid grounds.

Importance Of Protecting Lineage (Nasab)

In Islamic law, the protection of lineage, meaning the clarity and certainty of ancestry, is one of the most fundamental principles (one of the five necessities, Zaruriyyat al-Khamsah, is the protection of progeny). Lineage forms the basis for many legal and social rights, such as inheritance, maintenance (nafaqah), guardianship (wilayah), and marriage prohibitions. Confusion in lineage can lead to serious problems, rights violations, and chaos at both individual and societal levels. Therefore, Islam commands avoidance of any situation that casts doubt on lineage. The Holy Quran emphasizes that adopted children should be attributed to their biological fathers:

ادْعُوهُمْ لِآبَائِهِمْ هُوَ أَقْسَطُ عِنْدَ اللَّهِ

Ud’uhum li-aba’ihim huwa aqsatu ‘inda(A)llah(i)

“Call them by [the names of] their fathers; it is more just in the sight of Allah…” (Al-Ahzab, 33:5)

This verse shows how important lineage is and that it must be protected.

Sanctity Of The Marriage Contract (Nikah)

In Islam, the family is established through a legitimate marriage contract (nikah). Nikah not only legitimizes sexual relations but also establishes rights and responsibilities between spouses and determines the legal status of the family to be formed and the children to be born. Sexual relations and reproduction are considered legitimate only between a husband and wife who are lawful for each other through the bond of marriage. Any kind of relationship outside of marriage and its consequences are forbidden (haram). Protecting family privacy and the special bond between spouses is essential.

Fiqh Evaluation Of Surrogacy

When the practice of surrogacy is evaluated from the perspective of Islam’s fundamental principles of family and lineage, it raises many fiqh issues. The primary reasons why the overwhelming majority of Islamic scholars and fiqh councils do not consider this method permissible are as follows:

Involvement Of A Third Party

In surrogacy, a third person (the surrogate mother) becomes directly involved in the reproductive process, besides the married couple (owners of the sperm and egg). The placement of an embryo formed from the husband’s sperm and wife’s egg into the uterus of another woman, who is not his lawful wife, is considered a situation that exceeds the boundaries of the marriage contract prescribed by Islam. The uterus is considered a place where only the reproductive cells of the married couple should unite and develop. Using another woman’s uterus for this purpose is seen as contrary to family privacy and the spirit of marriage.

Risk Of Lineage Confusion

Surrogacy creates significant uncertainty and confusion regarding the lineage of the child born. Although the child genetically belongs to the couple who provided the sperm and egg, the woman who carried it in her womb for nine months, nourished it, and gave birth is the surrogate mother. According to Islamic law, motherhood is established not only by being the owner of the egg but also by giving birth. The Holy Quran states that mothers are those who give birth to their children:

…مَا هُنَّ أُمَّهَاتِهِمْ إِنْ أُمَّهَاتُهُمْ إِلَّا اللَّائِي وَلَدْنَهُمْ…

…Ma hunna ummahatihim, in ummahatuhum illa allatee waladnahum…

“…Their mothers are not but those who gave birth to them…” (Al-Mujadila, 58:2)

In this case, who will be the legal mother of the child? The genetic mother or the surrogate mother who gave birth? This ambiguity renders the child’s lineage doubtful and leads to complexities in matters like inheritance, rules of mahram (unmarriageable kin), and guardianship in the future. Since Islam commands the protection of lineage, it does not favor methods that open the door to such doubtful situations.

Issues Of Privacy And Suspicion Of Extramarital Relations

Although there is no direct sexual intercourse in surrogacy, the placement of an embryo (fertilized egg from a man’s sperm) into the uterus of a woman who is not his lawful wife is found contrary to Islam’s understanding of privacy (mahramiyyah) and its general principles prohibiting extramarital relations. This situation is considered problematic because it indirectly carries the consequences (the birth of a child) of a relationship outside of marriage. The uterus is part of a woman’s private sphere (‘awrah), and placing an embryo resulting from another man’s reproductive cell there without the bond of marriage is considered a violation of privacy.

Blurring The Concept Of Motherhood

Surrogacy also blurs the concept of motherhood. The child’s biological (genetic) mother and the gestational mother (who gives birth) are different individuals. This situation can cause emotional and legal confusion for both the child and the mothers. Questions such as which mother the child will have responsibilities towards and who holds the maternal rights remain unanswered. The family structure in Islam, built on clear and defined relationships, does not accept such ambiguities.

Views Of Islamic Scholars And Fiqh Councils

Due to the fiqh reasons listed above, the vast majority of scholars and authoritative fiqh councils (Islamic Fiqh Academies, fatwa councils, etc.) in the Islamic world have expressed the view that the practice of surrogacy is not permissible according to Islam.

Generally Accepted Ruling: Not Permissible

International bodies such as the Islamic Fiqh Academy (affiliated with the OIC) based in Jeddah, the European Council for Fatwa and Research, and the fatwa councils of many countries have ruled that surrogacy is haram (forbidden) because it confuses lineage, violates family privacy, and contradicts the Islamic understanding of family. This view is the general consensus among both Sunni and Shia scholars.

Verses And Hadiths Used As Basis

Scholars base this ruling primarily on the following evidence:

• Principle of Protecting Lineage: The verse from Surah Al-Ahzab (33:5) mentioned earlier and general Islamic principles emphasizing the importance of lineage.
• Definition of Motherhood: The statement “Their mothers are not but those who gave birth to them” in Surah Al-Mujadila (58:2).
• Prohibition of Adultery (Zina) and Extramarital Relations: Verses (e.g., Al-Isra, 17:32) and hadiths that forbid all forms of sexual intercourse outside marriage and their consequences. This principle is interpreted to indirectly cover the use of a foreign womb.
• Protection of Privacy (Mahramiyyah): Violation of the boundaries of privacy mandated by Islam.

Alternatives And The IVF Method

For couples unable to conceive, the impermissibility of surrogacy does not mean all doors are closed. Islam encourages seeking treatment within legitimate boundaries. In this context, the In Vitro Fertilization (IVF) method is considered permissible under specific conditions.

Conditions For Permissibility Of IVF

For the IVF method to be permissible, the following conditions must be met:

1. The sperm and egg used for fertilization must belong to the lawfully married couple. Using sperm from another man or an egg from another woman is strictly impermissible.
2. After fertilization occurs in the laboratory, the resulting embryo must be transferred into the uterus of the wife who is part of the married couple. Using another woman’s (surrogate mother’s) uterus is not allowed.
3. During the fertilization and embryo transfer procedures, rules of privacy must be observed, and exposure of private parts (‘awrah) should be avoided unless absolutely necessary.
4. Ethical issues such as the destruction of surplus embryos or their use for other purposes must be carefully considered.

When these conditions are met – meaning the sperm, egg, and uterus belong to the married couple – having a child through the IVF method is considered permissible by the majority of Islamic scholars. This is because no third party is involved in the process, and there is no risk of lineage confusion. (Fatwa Board Decisions, Directorate of Religious Affairs)

View Of The Turkish Directorate Of Religious Affairs (Diyanet)

The High Council of Religious Affairs of the Turkish Directorate of Religious Affairs (Diyanet) also shares the general view of Islamic scholars regarding surrogacy. Diyanet’s fatwas summarize the view as follows:

“In the IVF method, fertilization must necessarily occur between the married couple, meaning the sperm and egg must belong to the married spouses. It is not religiously permissible to have a child using sperm obtained from another man or an egg obtained from another woman, or by using another woman’s womb. This is because, in such cases, the lineage relationship becomes confused, and serious issues related to privacy and family structure arise. Therefore, the practice of surrogacy is not considered appropriate according to Islam.” (Decisions of the High Council of Religious Affairs)

Final Thoughts

It is our duty to understand the sorrow of our Muslim brothers and sisters who experience infertility and seek remedies to attain this blessing, and to pray for them. However, the fundamental principles and boundaries of our religion are also clear. The practice of surrogacy, due to the serious fiqh concerns it raises such as the risk of lineage confusion, violation of family privacy, and ambiguity in the concept of motherhood, is not considered permissible by the overwhelming majority of Islamic scholars. Nevertheless, the IVF method, performed using the married couple’s own reproductive cells and the wife’s own womb while adhering to the conditions, is accepted as a legitimate means of treatment.

Let us not forget that Allah Almighty knows best. The limits He has set are what is most beneficial for us. Although trials can sometimes be difficult, patience, prayer, and seeking solutions through legitimate means are the characteristics of a believer. May Allah grant righteous and pious children to all our brothers and sisters longing for offspring, and may He grant us all success in living lives pleasing to Him. Amin.

Bibliography

• The Holy Quran, Surah Al-Ahzab (33:4-5), Surah Al-Mujadila (58:2), Surah Al-Isra (17:32).
• Ibn Qudamah, Muwaffaq al-Din Abdullah b. Ahmad. Al-Mughni. Riyadh: Dar ‘Alam al-Kutub, 1997. (Especially sections related to marriage, lineage, and family law).
• Islamic Fiqh Academy (OIC). Resolutions regarding Surrogacy and IVF.
• European Council for Fatwa and Research. Resolutions regarding Surrogacy.
• High Council of Religious Affairs (Diyanet İşleri Başkanlığı, Turkey). Fatwas regarding IVF and Surrogacy (Accessible through their website and publications).

(Note: Fiqh sources and council resolutions are primary references addressing the detailed legal and ethical dimensions of the topic.)

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