Darul Iftaa Mahmudiyyah

Can one have a surrogate to carry her child?

· 15 Jumada II 1444 AH1 min readFatwa 46187English

Question

Asalaamualaykum

Please advise if a woman,who is recently divorced and has been diagnosed with breast cancer where the oncologist has advised her it would be detrimental to her health to have children, can have a surrogate carry her child. The eggs were frozen prior to her cancer treatment to afford her a possible opportunity to have children in the future.
Due to the trauma suffered from her marriage she does not foresee being married again but yearns to still have a child.

Jazakallah Khair

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

We make Du’a Allah Ta’ala grant the woman in reference courage to overcome the divorce and health related challenges. The practice of surrogacy is not permissible. The woman in reference may consider adopting a child. [i]

And Allah Ta’āla Knows Best

Mahmood Suliman

Student Darul Iftaa
Gaborone, Botswana

Checked and Approved by,
Mufti Ebrahim Desai.

(2020-09-19)

References (Arabic / Urdu sources)

[i] جديد فقهى مسائل (5/ 151)

فتاوى دار العلوم زكريا (6/ 790)

نظام الفتاوى (1/ 337)

Answered by
Mahmood Suliman
Checked & approved by
Mufti Ebrahim Desai
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Source: Darul Iftaa Mahmudiyyah — https://askimam.org/public/question_detail/46187
Fatawa SA: https://fatawa.co.za/fatwa/askimam-46187

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