Retracing Islamic Prohibition on Genetic Gestational Surrogacy (Uterine Service) for Married Couples

Abstract

Assisted reproduction involving third party (sperm, ova or uterus) in the procreation has invited fierce debate amongst Muslim scholar’s world over and the two main theological schools of Islam; Shia and Sunni responded to it differently. In Shia Islam it is practice, while Sunni Islam prohibited it and this prohibition enjoys the endorsement of leading religious clergies (Ulemas) across spectrum. This paper opens up a novel paradigm with regards to prohibition on availing uterine service to gestate embryo created from the gametes of married intended couple for developmental purpose (genetic gestational surrogacy) from analogical and scientific reference in conjunction to Quranic citation; taking into consideration that wet nursing and gestational surrogacy both are societal services and share certain undeniable biogenesis characteristic. The argument is novel in our knowledge and has not been so comprehensively put forth in written form with such explicit scientific evidences before. The parallels between genetic gestational surrogacy and wet nursing/foster motherhood are discussed, with special reference to mainstream arguments of purity of lineage, sanctity (Hurmat) of surrogate women and sacredness of womb etc. The key aspects of gestational surrogacy and wet nursing are also elaborated alongside certain departure points between contemporary surrogacy and Islam inspired surrogacy.