Question: Is it permissible to be or request someone to be a surrogate mother for one? Who is considered the birth mother?
Answer:
Wa alaykum assalam wa rahmatullahi wa barakatuh,
Dear questioner,
Thank you for your important question.
It is not permissible to have a woman be the surrogate mother of one’s child or to provide that service for someone. This would be the same whether the father impregnated the surrogate mother or the mother’s egg was fertilized by him and then transferred to the surrogate mother.
Please see:
https://islamqa.org/hanafi/daruliftaa/7822
https://www.aliftaa.jo/DecisionEn.aspx?DecisionId=288#.YFZcHZNKgy8
https://muftiwp.gov.my/en/artikel/irsyad-fatwa/irsyad-fatwa-umum-cat/1235-irsyad-al-fatwa-series-130-the-ruling-of-surrogate-mother
That said, if the fertilized egg were transferred to the surrogate mother, the actual mother whose egg was used would be the mother of the baby and not the surrogate mother. (Hashiyat al-Rashidi)
I pray this helps.
[Ustadh] Farid
Checked and Approved by Shaykh Faraz Rabbani
Ustadh Farid Dingle has completed extensive years of study in the sciences of the Arabic language and the various Islamic Sciences. During his studies, he also earned a CIFE Certificate in Islamic Finance. Over the years, he has developed a masterful ability to craft lessons that help non-Arabic speakers gain a deep understanding of the language. He currently teaches courses in the Arabic Language.