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Surrogacy in Pakistan

Ashna Waseem 04:00 PM, 8 Feb, 2022
Surrogacy in Pakistan

The term "surrogacy" refers to the practice of using medically assisted reproductive procedures to generate a child for the benefit of the intended parents. Two types of surrogacy are available: traditional and gestational. Traditional surrogacy is when an egg from the surrogate mother is artificially inseminated with sperm from the intended father; gestational surrogacy is where an embryo is created from the egg and sperm of both the intended parents and the surrogate mother.


Surrogacy in Pakistan

Surrogacy is frowned upon in Pakistan because it is seen as incompatible with Islamic teachings found in the Qur'an and Sunnah. The FSC (Federal Trade Commission) has ruled that a surrogacy contract is void and unenforceable. The FSC examined different surrogacy classifications, and it was deemed unlawful. However, the test tube arrangement, in which the sperm and egg are acquired from a married couple, and the embryo is subsequently implanted in the wife's womb, was found to be lawful by the FSC. 

To date, all previous examples of a commissioning couple hiring a surrogate mother in exchange for any financial remuneration have been ruled against Islamic edict and hence prohibited.

Surrogacy is prohibited in Islam

Certain Islamic scholars have equated surrogacy with adultery (Zina), and as a result, the surrogate child is regarded as illegitimate. Illegitimate children are stripped of numerous legal rights under Islamic law, which only recognizes the child's mother as the kid's lawful parent.

According to Islamic etiquette, families should be formed purely based on biological relationships. In Islam, the practise of surrogacy is discouraged since the kid would be deprived of knowledge of their genealogy, which might lead to a half-sibling marriage that is harmful to society.

Conclusion

In Pakistan, surrogacy is frowned upon. It poses social and ethical difficulties since it takes advantage of vulnerable women by forcing them to go through the physical and emotional toll of being a surrogate mother. It is noted that surrogate mothers are reduced to soulless machines due to the monetary remuneration involved in surrogacy. Meddling by a third party poses a danger to the family and the kinship structure from an Islamic perspective.

Ashna Waseem
Ashna Waseem

The author is contributing writer at Medical News Pakistan and can be reached at Ashnawaseem123@gmail.com