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Thursday, September 18, 2008

Jum'ah Journal--Biotechnical parenting-iii

Considering Surrogate motherhood as biotech. parenting-ii
About IVF (presuning you all know what it is) there was fatwa of Al-Azhar issued in 1980 (just two years after the birth of the first "test-tube" baby in England).
Dr. Muzammil Siddiqi a respected Islamic leader in the USA (well qualified in Islam) who has been Chairman of "fiqh Committee of ISNA" had this to say in answer to the question of "Is IVF allowed in Islam?"
After describing the process of IVF he says "Based on the principle that Shari'ah came to protect the lineage or 'nasab' of the people and thus it is HARAM to marry a woman during her "iddah" or to have an intercourse with a woman who is carrying another person's pregnancy the Muslim Jurists have allowed the use of in vitro fertilization only between the legally married couples during their marriage. Thus IVF is permissible as long as the semen and ovum are from a couple who are legally married and the fertilization takes place during their marriage, NOT after divorce or death of the husband."
Several articles appeared after the fatwa. However I wish to post here a summery of agreed upon statements
1. Baby (in case of rape or resulting from Illicit Sexual intercourse) belongs to the mother who delivered him/her. he-she is considered to be "laqit" or an illegitimate child.
2. If the marriage contract has come to an end because of divorce or death of the husband, medically assisted conception cannot be performed on the ex-wife even if the sperm comes from the former husband.
3. An excess number of fertilized embryos can be preserved by cryopreservation. The frozen embryos are the property of the couple alone and may be transfered to the same wife in a successive cycle, but only during the duration of marriage contract.
4. Multi-fetal pregnancy reduction (or so-called selective abortion) is only allowed if the prospect of carrying a high-order pregnancy (i.e. twins, triplets or more) to viability is very small. It is also allowed if the health or life of the mother is in jeopardy.
5. All forms of surrogacy are forbidden.
6. Establishment of sperm banks is strictly forbidden for such a practice threatens the existence of the family and the race and should be prevented.
7. The physician is the only person qualified to practice medically assisted conception in all its permitted varieties. If he performs any of the forbideen techniques he is guilty, his earnings are forbidden and he must be stopped from his morally illicit practice.