Is Being A Surrogate Haram? What Islam Says?

Surrogacy is a process where a woman (known as a surrogate mother) carries and gives birth to a baby for another couple or individual.

Generally, surrogacy is viewed with caution, and most Islamic scholars consider it impermissible due to concerns about third parties’ involvement in the reproductive process. The prohibition is based on the idea that introducing someone’s sperm or egg outside a marriage is adultery, which is forbidden in Islam.

Throughout this discussion, we will explore the Islamic perspective on being a surrogate. Keep reading to discover scholars’ opinions about this controversial issue.

Why Being a Surrogate is Haram Under Islamic Shariah?

Although the non-Islamic modern world and cultures permit one to be a surrogate mother, it is impermissible (haram) according to Islamic law:

1. Violation of Marital Purity

Surrogacy often involves the introduction of biological material from individuals outside the legitimate marriage. Islam places a high value on the sanctity of marriage, and any act that jeopardizes this sacred bond is a matter of concern.

By using third-party genetic material, surrogacy violates the exclusivity of the marriage relationship as outlined in Islamic teachings, according to many scholars.

2. Prohibition of Adultery (Zina)

Islamic teachings strictly prohibit adultery (zina) and introducing the sperm or egg of someone outside the legitimate marriage is considered a violation of this prohibition.

Surrogacy, in some interpretations, is seen as a potential avenue for Zina, as it involves the mixing of genetic material outside the bounds of a lawful marriage.

Allah SWT says in Surah: Al-Mu’minun 23, Ayat:5-6,

وَٱلَّذِينَ هُمْ لِفُرُوجِهِمْ حَـٰفِظُونَ ٥ إِلَّا عَلَىٰٓ أَزْوَٰجِهِمْ أَوْ مَا مَلَكَتْ أَيْمَـٰنُهُمْ فَإِنَّهُمْ غَيْرُ مَلُومِينَ ٦

“those who guard their chastity, except with their wives or those ˹bondwomen˺ in their possession, for then they are free from blame,”

Also He warns us in Surah An-Nur 24, Ayat: 30-31,

“˹O Prophet!˺ Tell the believing men to lower their gaze and guard their chastity. That is purer for them. Surely Allah is All-Aware of what they do. And tell the believing women to lower their gaze and guard their chastity, and not to reveal their adornments1 except what normally appears…”

3. Ambiguity in Lineage Attribution

Islam emphasizes maintaining an unambiguous lineage. Surrogacy introduces complexity in attributing the child’s lineage, as the surrogate mother carries the child to term, but the genetic material comes from another couple. 

This ambiguity goes against the Islamic principle of clear lineage, causing concerns among scholars.

Almighty Allah says in Surah al-Mujadila 58, Ayat: 2,

ٱلَّذِينَ يُظَـٰهِرُونَ مِنكُم مِّن نِّسَآئِهِم مَّا هُنَّ أُمَّهَـٰتِهِمْ ۖ إِنْ أُمَّهَـٰتُهُمْ إِلَّا ٱلَّـٰٓـِٔى وَلَدْنَهُمْ ۚ وَإِنَّهُمْ لَيَقُولُونَ مُنكَرًۭا مِّنَ ٱلْقَوْلِ وَزُورًۭا ۚ وَإِنَّ ٱللَّهَ لَعَفُوٌّ غَفُورٌۭ ٢

“Those of you who ˹sinfully˺ divorce their wives by comparing them to their mothers ˹should know that˺ their wives are in no way their mothers. None can be their mothers except those who gave birth to them. What they say is certainly detestable and false. Yet Allah is truly Ever-Pardoning, All-Forgiving.”

4. Innovation and Reprehensibility

Some scholars claim that surrogacy, as a modern reproductive method, constitutes an innovation (bid’ah) in Islamic practices. Surrogacy itself is not the objection, but the perception that it introduces new practices contrary to traditional Islamic teachings.

Allah SWT says,

لِّلَّهِ مُلْكُ ٱلسَّمَـٰوَٰتِ وَٱلْأَرْضِ ۚ يَخْلُقُ مَا يَشَآءُ ۚ يَهَبُ لِمَن يَشَآءُ إِنَـٰثًۭا وَيَهَبُ لِمَن يَشَآءُ ٱلذُّكُورَ ٤٩ أَوْ يُزَوِّجُهُمْ ذُكْرَانًۭا وَإِنَـٰثًۭا ۖ وَيَجْعَلُ مَن يَشَآءُ عَقِيمًا ۚ إِنَّهُۥ عَلِيمٌۭ قَدِيرٌۭ ٥٠

“To Allah ˹alone˺ belongs the kingdom of the heavens and the earth. He creates whatever He wills. He blesses whoever He wills with daughters, and blesses whoever He wills with sons, or grants both, sons and daughters, ˹to whoever He wills˺, and leaves whoever He wills infertile. He is indeed All-Knowing, Most Capable.” [Surah Ash-Shuraa 42, Ayat: 49-50]

Controversy of Surrogacy: Explore Islamic Perspectives on Ethical and Religious Implications

The perspective on surrogacy is not permissible under certain circumstances and Islamic scholars claim it is haram. This prohibition ranges from concerns about violating marital purity to ambiguity in lineage attribution.

So, as Muslims, we must continue to engage in thoughtful reflection and dialogue about this issue, recognizing that there are a range of opinions and perspectives on this complex topic.

May Allah guide us all towards the truth and help us find compassion and understanding as we navigate our way through these difficult times.

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