Family relation of child born of a surrogate mother
14-10-2015 | IslamWeb
Question:
Before my marriage i came to know that she is not having uterus.now we are having a child by using surrogate. Now iam affraiding about this one.give one solution to ask forgiveness and child status.
Answer:
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.
We have already issued Fatwa 88709 highlighting that surrogacy is forbidden. If you and your wife have done so knowing that it is forbidden, then you must both turn back to Allaah in repentance. The conditions of repentance are explained in Fatwa 86527; and Allaah accepts the repentance of anyone who repents.
There is a difference of opinion among the contemporary scholars as to whose name the child bears. Dr. ‘Umar Sulaymaan Al-Ashqar said in his book Diraasaat Fiqhiyyah fi Qadhaaya Tibbiyyah Mu‘aasirah (Fiqh Studies in Contemporary Medical Issues):
“If the surrogate uterus actually gives birth – according to the view that it is forbidden, then whose name does the child bear? The couple who are the source of the embryo or the surrogate mother and her husband? Who is the legitimate mother who has the right of inheritance, financial maintenance, custody and so forth? Is it the mother who is the source of the ovum (egg) or the woman who provided the uterus? Who is the real mother and who is the traditional mother? Is the mother the biological mother, who has the genes that transfer the characteristics and features to the newborn? Or is it the one who carries him in the womb, nourishes him with her blood and gives birth to him after nine months?
Here, there is difference of opinion among the researchers and they are divided into two groups:
The first group is of the view that the real mother who inherits is the owner of the egg while the owner of the surrogate womb who bore the child and gave birth to him is like the milk mother; she is a virtual mother; that is, we deem her a mother by virtue of her providing custody and nourishment, but the family relation is not affirmed, but only milk relation.”
Then, he mentioned the evidence provided by those who are of this view.
“The second group is of the view that the real mother who inherits is the one who possesses the womb, who carried the child and gave birth to him while the mother who provided the egg becomes the milk mother by virtue.”
Then, he mentioned the evidence provided by those who are of this view.
“The research concluded that the view of the first group is more valid – that the mother who provided the egg is the real mother, and the rulings pertaining to inheritance, financial maintenance, custody, etc. are affirmed with respect to her, and this is by virtue of the egg, and of the child inheriting all genetic traits (hereditary features) from the mother who provided the egg. The surrogate mother, on the other hand, is a virtual mother, but family relation is not affirmed with respect to her, but milk relation is.” [End of quote]
Allaah Knows best.