Basically there can be several ways of becoming "Surrogate Mother". It is not simply "mothering" a child of somebody else but actually the woman gives birth to a "child of somebody else".
It is not "adoption" either.
A woman agrees to accept artifial insemination to become pregnant and carry the pregnancy to child birth. The sperm can be from
a) husband
b) a male friend or a relative
to impregnate:
a) her own ovum
b) ovum of the wife of the sperm donor
c) ovum obtained from "Ova bank" and A.I. done with Husband's sperm or with sperm obtained from Sperm bank. Once the sperm and ovum are there Gamete can be produced either in the lab and new embryo implanted into the "hired" womb (when the "hired woman" does not or cannot get her own ovum impreganted)
With all these possibilities being available the "commercialization" process has flourished and has seen no boundaries despite all religious and ethical outcry. Now you have the free market where at your convenience are available:
1. Ova
2. Sperms (see my previous note)
3. and of course Children
State your price?
Well, you may think I am exaggerating but I am not.
I was going to Dubai in 2005 to speak on Islamic Medical Ethics in general in a medical conference and in the newspapers in my flights I saw the ads. (British Paper as I was going through London) for Ova and both for "selling" and "buying".
It all came to a head when a combination of a Lawyer and a Physician started doing Artifial Inseminations (Dearborn, MI) in 1986.
A patient of Multiple Sclerosis (Mrs. Elizabeth Stern) who was not infertile but wanted to have a child so she and her husband (William Stern) "contracted" with another woman (MaryBeth Whitehead) for "gestation" (becoming pregnant with Mr. Stern's sperm without intercourse, that is with A.I., and carrying the pregnancy to term) for a price all settled.
The baby ("Baby M"-Mellisa Stern) was born on 3/26/87.
The problem started when Mary Whitehead refused to give custody to Mrs. Elizabeth Stern, saying that she is the mother. (Mother emotionally too much attached to the baby)
Here I would like you to see the 2nd Aya of Qur'an in Sura Mujadelah (57),
"If any men among you "divorce" their wives by "Zihar" (Calling them "mothers"), they cannot be their mothers;
None can be their mothers except those who gave birth........"Noted, that the context here is different but the words are clear.
Any way to cut the story short, the Courts gave custody to Mr. Stern with visitation rights for Mary whithead The feeble (but probably practical) human judgement.
A movie followed that happening and I remember that "Bolywood" also produced a "doosri dulhan" (Shabana 'Azmi played the prostitute who agreed to become pregnant and give birth to the child. Then she realized her love for the child and gave up her "profession" and incidentally I was very impressed by her acting) although this is slightly different "surrogacy".
Needless to say that Islam does not allow Surrogacy of any kind, (Not even in the second wife of the Muslim husband-- though it may be debatable) except that of Razaei type (Children using the same mother for Nutrition-Milk). The wife who gives birth remains the real mother, has all the love for the child and the emotional attachment.
The reason surrogate motherhood has become so "popular" inspite of religious and ethical objections, because there are Gay and single parents of all kinds seen who are ready to "buy" such things in today's society about which I will say no more as these things have since become more 'acceptable'. I thank God that none of my patients of Multiple sclerosis (or other such disabling chronic illness asked me to get involved in this process, Al-Hamdulillah.
It is not "adoption" either.
A woman agrees to accept artifial insemination to become pregnant and carry the pregnancy to child birth. The sperm can be from
a) husband
b) a male friend or a relative
to impregnate:
a) her own ovum
b) ovum of the wife of the sperm donor
c) ovum obtained from "Ova bank" and A.I. done with Husband's sperm or with sperm obtained from Sperm bank. Once the sperm and ovum are there Gamete can be produced either in the lab and new embryo implanted into the "hired" womb (when the "hired woman" does not or cannot get her own ovum impreganted)
With all these possibilities being available the "commercialization" process has flourished and has seen no boundaries despite all religious and ethical outcry. Now you have the free market where at your convenience are available:
1. Ova
2. Sperms (see my previous note)
3. and of course Children
State your price?
Well, you may think I am exaggerating but I am not.
I was going to Dubai in 2005 to speak on Islamic Medical Ethics in general in a medical conference and in the newspapers in my flights I saw the ads. (British Paper as I was going through London) for Ova and both for "selling" and "buying".
It all came to a head when a combination of a Lawyer and a Physician started doing Artifial Inseminations (Dearborn, MI) in 1986.
A patient of Multiple Sclerosis (Mrs. Elizabeth Stern) who was not infertile but wanted to have a child so she and her husband (William Stern) "contracted" with another woman (MaryBeth Whitehead) for "gestation" (becoming pregnant with Mr. Stern's sperm without intercourse, that is with A.I., and carrying the pregnancy to term) for a price all settled.
The baby ("Baby M"-Mellisa Stern) was born on 3/26/87.
The problem started when Mary Whitehead refused to give custody to Mrs. Elizabeth Stern, saying that she is the mother. (Mother emotionally too much attached to the baby)
Here I would like you to see the 2nd Aya of Qur'an in Sura Mujadelah (57),
"If any men among you "divorce" their wives by "Zihar" (Calling them "mothers"), they cannot be their mothers;
None can be their mothers except those who gave birth........"Noted, that the context here is different but the words are clear.
Any way to cut the story short, the Courts gave custody to Mr. Stern with visitation rights for Mary whithead The feeble (but probably practical) human judgement.
A movie followed that happening and I remember that "Bolywood" also produced a "doosri dulhan" (Shabana 'Azmi played the prostitute who agreed to become pregnant and give birth to the child. Then she realized her love for the child and gave up her "profession" and incidentally I was very impressed by her acting) although this is slightly different "surrogacy".
Needless to say that Islam does not allow Surrogacy of any kind, (Not even in the second wife of the Muslim husband-- though it may be debatable) except that of Razaei type (Children using the same mother for Nutrition-Milk). The wife who gives birth remains the real mother, has all the love for the child and the emotional attachment.
The reason surrogate motherhood has become so "popular" inspite of religious and ethical objections, because there are Gay and single parents of all kinds seen who are ready to "buy" such things in today's society about which I will say no more as these things have since become more 'acceptable'. I thank God that none of my patients of Multiple sclerosis (or other such disabling chronic illness asked me to get involved in this process, Al-Hamdulillah.
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