Question:
I know surrogacy is haram in Islam. Please explain as I have heard different opinions.
بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم
In the name of Allah, the Most Gracious, the Most Merciful
Answer
Surrogacy is an arrangement, often supported by a legal agreement, whereby a woman (the surrogate mother) agrees to bear a child for another person or persons, who will become the child's parent(s) after birth. People may seek a surrogacy arrangement when pregnancy is medically impossible, when pregnancy risks are too dangerous for the intended mother, or when a single man or a male couple wish to have a child. (extracted from Wikipedia.org)
When fertilization between the egg and sperm of two unmarried people takes place, this would come under the category of fornication. Also, when a male inseminates a female (to whom he is not married), the child’s lineage will not be attributed to him. Thus, surrogacy according to the above-mentioned way is prohibited. Similarly, it is also impermissible if the embryo of a married couple that was produced via IVF is implanted in the surrogate (a woman to whom he is not married).
Kitabun Nawazil: v. 16, p. 206-207 (Darul Isha’at); Jadeed Fiqhi Masaail: v. 5, p. 98-99 (Zamzam)
Only Allah knows best
Written by Maulana Mohammad Ahsan Osmani
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham