Is surrogacy allowed in Islam?
No, according to the majority of scholars. Surrogacy, where another woman carries a baby for a couple, is not allowed because Islam protects lineage and treats the woman who gives birth as the mother. Couples facing infertility still have lawful options, including treatment, IVF within marriage, fostering and sponsoring orphans.
Why most scholars say no
Scholars and fiqh councils across the Muslim world have given similar reasons:
- Protecting lineage. Islam places great weight on clear family ties, who a child's parents are and who they may inherit from or marry. Surrogacy blurs these lines by separating the woman who carries and gives birth from the woman who raises the child.
- Motherhood is through birth. Scholars cite the Quran's statement below (Quran 58:2) for the meaning of motherhood, even though the verse is about another matter. The Quran also describes how a mother carries her child in hardship and gives birth in hardship (Quran 46:15).
- Protecting the surrogate. Paid surrogacy can turn pregnancy into a commercial service and may put poorer women under pressure.
What is allowed instead
Most scholars allow treatment for infertility, including IVF, when the sperm and egg come from the husband and wife during their marriage, and the embryo is placed in the wife's own womb. Donor eggs, donor sperm and surrogacy are the parts that are not allowed. See Is IVF allowed in Islam?
The Prophet ﷺ said: "There is no disease that Allah has created, except that He also has created its treatment" (Sahih al-Bukhari 5678), so it is good to see a fertility specialist and to try lawful treatments.
Other ways to build a family
- Fostering or sponsoring an orphan. The Prophet ﷺ said: "I and the one who looks after an orphan will be like this in Paradise," holding his two fingers apart (Sahih al-Bukhari 5304). Caring for a child in need is a great reward.
- Adoption without changing the family name. Islam does not allow giving a child a new lineage, since the Quran says to call children by their fathers' names (Quran 33:5). But raising a child with love is encouraged.
- Being a second family to nieces, nephews and children in your community.
The rules around adoption and inheritance are explained in Can I adopt a child as a Muslim?
When the wish for a child is painful
The wish for a child is a natural and honourable one. The Quran preserves the prayer of Prophet Zakariyya: "My Lord! Do not leave me childless, though You are the Best of Successors" (Quran 21:89). You can make this dua too. Allah also reminds us that He grants children as He wills and "leaves whoever He wills infertile" (Quran 42:50), so a lack of children is never a sign of His displeasure. See How do I cope with infertility as a Muslim?
If you already have a child through surrogacy from before you became Muslim, that child is a person with full rights and deserves your love. Speak with an imam about family matters such as names and inheritance, since each case differs.
- Most scholars do not allow surrogacy, because it confuses lineage and motherhood.
- IVF with the couple's own egg and sperm, carried by the wife, is allowed.
- Fostering and sponsoring orphans are rewarded alternatives.
- Infertility is a test, not a punishment, so keep making dua.
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