Surrogacy is a medical arrangement in which a woman carries and gives birth to a child for another individual or couple. In gestational surrogacy, the surrogate mother carries an embryo created through in-vitro fertilization (IVF) using the gametes of the intended parents or donors, and she has no genetic relationship with the child.
In traditional surrogacy, the surrogate’s own egg is used, making her genetically related to the child. Surrogacy has emerged as an important option for infertile couples, single individuals, and same-sex couples seeking parenthood. However, it also raises serious ethical, legal, emotional, and religious questions concerning lineage, parental rights, exploitation of women, and the welfare of the child.
In India, surrogacy is regulated by the Surrogacy (Regulation) Act, 2021, which permits only altruistic surrogacy and prohibits commercial surrogacy. Under the law, only legally married Indian couples and certain single women such as widows or divorcees may access surrogacy services under specific medical conditions.
Commercial surrogacy is punishable with imprisonment and fines. The law emphasizes the use of the intended parents’ gametes and requires medical certification proving the necessity of surrogacy. Amendments to the Rules in 2022 allow the use of one donor gamete in cases involving medical necessity, subject to approval by the District Medical Board.
Despite these regulations, many Indians continue to travel abroad for surrogacy arrangements because Indian law excludes single men, same-sex couples, and many others from accessing such services.
From the perspective of Islamic jurisprudence, surrogacy remains one of the most debated issues in contemporary bioethics. The majority of Sunni scholars prohibit all forms of surrogacy because it introduces a third party into the process of reproduction, which is considered contrary to the Islamic principles of lineage (nasab), marriage, and family purity.
Sunni jurists often equate the introduction of a third party’s womb or gametes to a form of takhallut al-ansab (confusion of lineage), which is the same reason adoption (in the Western sense of changing a surname) is restricted.
Sunni jurists argue that parenthood in Islam must remain strictly within the marital bond between husband and wife. They fear that surrogacy creates confusion regarding motherhood, inheritance, and family relationships. As a result, most Sunni scholars consider both traditional and gestational surrogacy impermissible, even when the embryo belongs to the married couple.
Instead, Islam encourages patience, prayer, medical treatment within lawful limits, and caring for orphaned or needy children.
In contrast, some Shia scholars, particularly in Iran, have adopted a more flexible approach. In 1999, Ayatollah Ali Khamenei issued a fatwa permitting certain forms of assisted reproductive technology, including egg donation, sperm donation, embryo donation, and surrogacy under specific conditions.
Some Shia jurists permit egg donation through temporary marriage (mut‘a) between the husband and the donor, a concept accepted in Shia jurisprudence but rejected in Sunni Islam. Supporters of this view argue that the procedure does not involve unlawful sexual relations and may help preserve family life for infertile couples. Nevertheless, even within Shia scholarship, the issue remains controversial and subject to strict conditions.
Islamic scholars also discuss alternative solutions to infertility. In some Muslim societies, polygynous marriage has historically been considered a lawful option when a wife is unable to bear children. Others encourage fostering or caring for orphaned children while maintaining their original lineage, in accordance with Islamic teachings.
Modern medical developments such as uterus transplantation are also being explored as future solutions that may avoid the ethical and religious concerns associated with surrogacy and donor technologies.
Gestational surrogacy is often considered less problematic than traditional surrogacy because the surrogate mother has no genetic connection to the child. Nevertheless, it still raises major concerns regarding exploitation, commercialization of women’s bodies, emotional attachment, custody disputes, and legal uncertainty.
Critics argue that poor and vulnerable women may be pressured into becoming surrogates for financial reasons. The emotional burden on both the surrogate mother and the intended parents may also create psychological difficulties.
At the international level, surrogacy laws differ widely. Some countries allow commercial surrogacy, others permit only altruistic surrogacy, while many prohibit it altogether. The absence of a universal legal framework has created legal uncertainty and ethical concerns, especially in cross-border surrogacy arrangements.
International organizations have yet to develop comprehensive global guidelines, making the issue one of the most complex challenges in modern family law and bioethics.
Surrogacy Regulation in India
In India, surrogacy is governed by the Surrogacy (Regulation) Act, 2021, which transitioned the country from a global surrogacy hub to a strictly regulated environment. The law permits only altruistic surrogacy and strictly prohibits commercial arrangements. Under this framework, only legally married Indian couples (within specific age brackets) and certain single women, such as widows or divorcees, may access these services.
The legal landscape regarding genetic material has seen significant recent shifts. While the 2021 Act initially required the use of gametes from both intended parents, a controversial 2023 amendment banned the use of donor gametes entirely. However, following legal challenges and a landmark Supreme Court ruling in March 2024, the Indian government issued a notification restoring the use of one donor gamete.
This is permitted only when a District Medical Board certifies that one of the intended parents suffers from a medical condition necessitating a donor. Despite this “restoration” of donor rights, the law remains restrictive, continuing to exclude single men and same-sex couples from the surrogacy process.
Qur’anic and Hadith References Relevant to Surrogacy in Islam
Although surrogacy is not directly mentioned in the Qur’an or Hadith because it is a modern medical practice, Islamic jurists derive its ruling from general principles relating to lineage (nasab), marriage, motherhood, and chastity. Most Sunni scholars prohibit surrogacy based on the following Qur’anic verses and authentic Hadith:
Penal Provisions under the Surrogacy (Regulation) Act, 2021
The Surrogacy (Regulation) Act, 2021 establishes a stringent penal framework to prevent the commercialization and exploitation of surrogacy in India. Under Section 43 of the Act, all offences are classified as cognizable, non-bailable, and non-compoundable.
Section 40 provides that any person, intending couple, or intending woman who undertakes or promotes commercial surrogacy in violation of the Act shall be punishable, for the first offence, with imprisonment of up to five years and a fine extending to ₹5 lakh. For subsequent offences, the punishment may extend to ten years’ imprisonment along with a fine of up to ₹10 lakh.
These penal provisions also apply to acts such as the exploitation of surrogate mothers, abandonment of children born through surrogacy, and the sale, purchase, or import of human embryos for surrogacy purposes.
Further, Section 39 specifically imposes liability on registered medical practitioners, gynaecologists, paediatricians, embryologists, and persons operating surrogacy clinics who contravene the provisions of the Act or the rules framed thereunder.
Such violations are punishable with imprisonment of up to five years and a fine extending to ₹10 lakh. In addition to criminal liability, the registration of clinics may be suspended or cancelled, thereby ensuring strict compliance with the legal framework of “altruistic-only” surrogacy in India.
- Preservation of Lineage (Nasab)
“Call them by [the names of] their fathers; that is more just in the sight of Allah.”
— The Quran, Surah Al-Ahzab 33:5
This verse emphasizes the importance of preserving biological lineage and clear parentage. Sunni jurists argue that surrogacy creates confusion regarding the identity of the real mother and family lineage.
- Motherhood in Islam
“Their mothers are none but those who gave birth to them…”
— The Quran, Surah Al-Mujadilah 58:2
Islamic scholars frequently rely on this verse to argue that the woman who gives birth is recognized as the legal mother, which creates complications in surrogacy arrangements where the genetic mother and birth mother are different persons.
In Islamic law, a woman who nurses a child becomes a “milk mother.” This adds another layer to the debate: if nursing creates a maternal bond, then carrying a child for nine months certainly complicates the definition of motherhood in the eyes of many jurists.
- Protection of Chastity and Family Structure
“And those who guard their private parts, except from their spouses…”
— The Quran, Surah Al-Mu’minun 23:5–6
Classical jurists maintain that reproduction in Islam must occur only within a valid marital relationship between husband and wife. The involvement of a third party through surrogacy or donor gametes is therefore viewed by many scholars as violating the sanctity of marriage.
- Hadith on Lineage
The Prophet ﷺ said:
“The child belongs to the (owner of the) bed, and the adulterer gets the stone.”
— Sahih al-Bukhari, Hadith No. 2053; Sahih Muslim, Hadith No. 1457
This famous Hadith establishes the principle that a child’s lineage is legally connected to a lawful marital relationship. Sunni scholars use this narration to oppose third-party reproductive involvement.
- Hadith on Mixing Lineage
The Prophet ﷺ said:
“Whoever knowingly attributes himself to someone other than his father has disbelieved.”
— Sahih al-Bukhari, Hadith No. 6766; Sahih Muslim, Hadith No. 63
This Hadith highlights the serious importance Islam places on preserving accurate lineage and parentage.
- Islamic Principle of Marriage and Procreation
Islam encourages lawful procreation within marriage. The Prophet ﷺ said:
“Marry loving and fertile women, for I will boast of your great numbers before the nations.”
— Sunan Abu Dawood, Hadith No. 2050
Scholars explain that this encouragement relates to natural and lawful procreation within the marital bond.
Based on these verses and authentic Hadith, the majority of Sunni Islamic jurists prohibit surrogacy because it introduces a third party into reproduction, creates uncertainty in lineage, and conflicts with the traditional Islamic concept of motherhood and family. However, some contemporary Shia scholars, including Ayatollah Ali Khamenei, have permitted limited forms of surrogacy and assisted reproduction under strict conditions.
Conclusion
In conclusion, surrogacy represents a significant medical development that offers hope to many childless individuals and couples. However, in the light of Islamic jurisprudence, especially Sunni Islamic law, surrogacy is generally considered impermissible because it conflicts with the principles of lineage, marital exclusivity, and family structure.
While certain Shia opinions allow limited forms of surrogacy under strict conditions, the dominant Islamic position remains cautious. The debate reflects the broader challenge of balancing modern reproductive technologies with religious ethics, human dignity, and the preservation of family values.
