Fatwa : Islam forbids surrogacy

KUALA LUMPUR: Muslim couples are not allowed to have children using surrogate mothers.

While more Malaysians of other faiths are choosing surrogate mothers to carry their babies, it is considered haram for Muslims to do so.

Selangor Islamic affairs officer (fatwa division) Ustaz Mat Jais Kamos said yesterday that in Islam, the creation of a child should not involve a third party.

"If a woman delivers the baby of another woman, who can be considered the mother? There will be a problem determining the rightful mother according to Islam."

Mat Jais said Muslim women were allowed to conceive through in-vitro fertilisation although the embryo was fertilised outside the womb.

"In such cases, the mother is the same person. There will be no conflict. But the fertilisation should be done after the solemnisation of marriage."

The New Sunday Times reported that more Malaysian couples were using surrogate mothers because they were unable to conceive or carry a baby to full term.

Obstetrical and Gynaecological Society of Malaysia president Dr Mohamad Farouk Abdullah said many childless couples had benefited from surrogacy arrangements and that most surrogates were sisters or close relatives.

He said because of the sensitive nature of the procedure, most couples did not speak about it and this was the reason why there was no statistics on surrogate pregnancies in Malaysia. He added that childless Muslim couples could opt for a more traditional alternative -- adoption.

The National Council of Islamic Religious Affairs fatwa committee had in 2008 passed a ruling that surrogacy was forbidden in Islam even if the sperm and ovum were taken from a married couple.

Among the reasons for the fatwa was the uncertainty of the child's parentage and the lack of regulation on the option of choosing a surrogate mother.

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