Is surrogacy halal in Islam?

Shia scholars generally consider surrogacy halal under specific conditions, such as using the husband and wife's genetic material and following religious rules. Sunni scholars usually prohibit it.

Is being a surrogate haram in Islam?

According to most Sunni scholars, acting as a surrogate is haram due to issues related to nasab (lineage). In contrast, Shia interpretations may allow it under regulated conditions.

Why is surrogacy considered haram in Islam?

Surrogacy is often considered haram due to concerns about mixing lineage, involving a third party, and violating traditional concepts of motherhood and family in Islam.

Is surrogacy legal in Islam?

Islamic law differs by sect. Shia scholars may find it legally acceptable under strict guidelines, while Sunni scholars largely view it as impermissible.

What does Islam say about surrogacy?

Islam does not have a single stance. Views differ among scholars. The Quran doesn't explicitly mention surrogacy, so rulings are based on interpretation of lineage and marital laws.

Can Muslims travel abroad for surrogacy?

Yes, some Muslims seek surrogacy abroad if it’s prohibited in their home country. Decisions often depend on personal beliefs, legal issues, and religious guidance.

Surrogacy in Islam

Category surrogacy laws

Author mehdisabet

Reading time 8 min

Published at 31 March 2025

Surrogacy in Islam is a topic that sparks diverse opinions among Muslims worldwide. As a modern reproductive technology, surrogacy raises ethical, legal, and religious questions that intersect with core Islamic principles such as lineage (nasab), family sanctity, and permissible means of procreation. This article provides an in-depth exploration of surrogacy in Islam, drawing from Quranic verses, authentic hadiths, and the rulings of prominent Islamic scholars from both Sunni and Shia perspectives. Whether you’re researching for personal reasons or academic purposes, this guide aims to be your most reliable and comprehensive resource.

What is Surrogacy?

Surrogacy is when a surrogate mother carries and delivers a baby for a couple or individual who cannot conceive naturally.

Traditional Surrogacy: The surrogate mother uses her own egg, fertilized by the father’s sperm.
Gestational Surrogacy: The embryo from the intended parents’ or donors’ gametes is implanted in the surrogate mother.

In Islam, these distinctions matter because lineage and marriage rules must be preserved. Religious rulings depend on genetics, marital bonds, and ethical practices.

Islamic Perspective on Surrogacy: General Principles

Islam places great emphasis on preserving lineage, honoring the marital bond, and ensuring ethical practices in procreation. The Quran and Sunnah provide foundational guidance, even though surrogacy as a modern technology is not explicitly mentioned. Let’s explore the key Islamic principles relevant to surrogacy in Islam:

1. Preservation of Lineage (Nasab)

The Quran states:
“Call them by [the names of] their fathers; it is more just in the sight of Allah.” (Quran 33:5)
This verse underscores the importance of clear lineage, a cornerstone of Islamic family law. Surrogacy, especially traditional surrogacy, risks confusing lineage by involving a third party’s genetic material, which many scholars argue violates this principle.

2. Sanctity of Marriage

The marital bond is sacred in Islam, as reflected in:
“And among His signs is that He created for you from yourselves mates that you may find tranquility in them.” (Quran 30:21)
Surrogacy introduces a third party into the reproductive process, which some scholars view as an infringement on the exclusivity of the husband-wife relationship.

3. Permissible Means of Procreation

The Prophet Muhammad (PBUH) said:
“Marry those who are loving and fertile, for I will be proud of your great numbers before the nations.” (Sunan Abu Dawood, Hadith 2050)
This hadith encourages procreation within marriage but does not specify methods like surrogacy, leaving room for scholarly interpretation.

Surrogacy in Islam Sunni | is surrogacy haram?

In Sunni Islam, surrogacy is generally considered haram, meaning it is not allowed. Sunni scholars believe that pregnancy and childbirth must stay fully inside the marriage, with no involvement from any outside person. In this view, using another woman’s womb, even if the sperm and egg belong to the married couple, creates confusion about motherhood, inheritance, and family lineage. Because Islamic law gives great importance to clear family ties, most Sunni scholars say that surrogacy brings problems that cannot be accepted in religion.

Across many Sunni-majority countries—such as Indonesia, Malaysia, Pakistan, and Turkey—this belief has shaped national laws. In these countries, surrogacy is either fully banned by law, forbidden by religious councils, or considered morally unacceptable. Their main concern is that a child carried by someone outside the marriage may lead to emotional and legal conflicts. They argue that motherhood in Islam is not only biological, but also connected to pregnancy, birth, and the rights that come with it.

At the same time, Sunni scholars do support infertility treatment in general. Islam encourages couples to seek medical solutions when facing infertility, and treatments like IVF are allowed as long as they involve only the husband and wife. Because of this, some traditional scholars have said that surrogacy could only be acceptable if the embryo were placed in the womb of a second wife, meaning the pregnancy still stays within the marriage structure. But modern Sunni fatwas mostly reject even this option, explaining that it still creates issues about parental rights and the role of each wife in the child’s identity.

Overall, while infertility is deeply understood and compassionately addressed in Islam, Sunni Islamic law prioritizes protecting family lineage and minimizing ethical conflicts. For this reason, surrogacy—especially any form involving a third-party womb—is widely viewed as religiously prohibited in Sunni communities today.

Surrogacy in Islam Shia

Shia scholars generally hold a more flexible and supportive view toward surrogacy compared to Sunni interpretations. Their rulings are based on ijtihad and the principle of asalat al-ibaha—that something is permissible unless proven otherwise. Because infertility is considered a medical hardship, many Shia jurists allow gestational surrogacy when the process preserves clear lineage and follows Islamic ethics.

Ayatollah Khomeini and Ayatollah Khamenei have both permitted surrogacy under specific conditions, stating that the child’s lineage belongs to the genetic parents. Scholars such as Sayyed Mohammad Al-Musawi explain that a temporary or permanent marriage contract between the surrogate and the genetic father during embryo transfer is required to keep the process within Islamic boundaries. Ayatollah Sistani also allows surrogacy but with stricter conditions and full consent from all parties.

This approach is reflected in Iran’s legal system, where surrogacy is regulated and widely practiced under the 2003 Embryo Donation Act. As a result, surrogacy in Iran has become a trusted, ethical, and fully supervised option for couples seeking a religiously approved pathway to parenthood.

Comparing Sunni and Shia Views on Surrogacy in Islam

Comparison of Sunni and Shia perspectives on surrogacy
Aspect	Sunni View	Shia View
Ruling	Generally haram (prohibited)	Permissible under specific conditions
Lineage Concern	High (prohibits third-party involvement)	Managed via gestational surrogacy
Scholarly Basis	Ibn Baz, Al-Azhar, Council of Islamic Fiqh	Ayatollah Khamenei, Ayatollah Sistani
Legal Status	Banned in most Sunni-majority countries (e.g., Saudi Arabia, Egypt)	Legal framework exists in Iran since 2003

Quranic Verses and Hadiths Relevant to Surrogacy in Islam

Quran 4:1:
“O mankind, fear your Lord, who created you from one soul and created from it its mate and dispersed from both of them many men and women.”
This verse highlights procreation within the marital framework, which surrogacy may challenge.
Hadith on Innovation:
“Whoever innovates something in this matter of ours that is not part of it, it will be rejected.” (Sahih Muslim, Hadith 1718)
Sunni scholars use this to argue against surrogacy as an un-Islamic innovation.
Quran 17:32:
“And do not approach unlawful sexual intercourse. Indeed, it is ever an immorality and is evil as a way.”
Some interpret surrogacy as akin to zina due to third-party involvement in reproduction.

Surrogacy in Islam: Ethical and Social Considerations

Ethical Risks: Scholars warn of exploitation, commercialization of wombs, and psychological harm to surrogates and children.
Social Impact: In conservative societies, surrogacy may lead to stigma or legal disputes over parenthood.
Modern Debate: Some progressive scholars suggest revisiting prohibitions, arguing that surrogacy aligns with the maqasid (objectives) of Sharia, such as preserving life and family (PubMed).

Surrogacy Laws in Muslim Countries

Iran: Surrogacy in Iran is fully legal and regulated, especially gestational surrogacy. Iran is the only Muslim-majority country with clear laws and religious approval—mainly from Shia Islamic jurisprudence. Clinics operate under strict medical and ethical guidelines, making the country one of the most reliable destinations for surrogacy in the Islamic world.
Saudi Arabia: Surrogacy in Saudi Arabia is completely prohibited. The Kingdom enforces a strict ban aligned with Sunni Islamic rulings, and any involvement in surrogacy can lead to severe penalties, including up to 10 years in prison according to local reports. Saudi citizens who pursue surrogacy often travel abroad to countries where the process is legal.
Egypt: Surrogacy is banned in Egypt, heavily influenced by rulings from Al-Azhar. Both traditional and gestational surrogacy are prohibited, and medical centers are forbidden from offering any related services. Couples seeking alternatives must look to other countries.
Pakistan: Surrogacy in Pakistan remains legally unclear. There is no comprehensive legislation, but cultural and religious norms—rooted in conservative Sunni interpretations—strongly discourage it. While a few cases have appeared, surrogacy is generally frowned upon, and couples usually avoid it or travel abroad due to the legal and social uncertainty.

Surrogacy Cost in Legal Countries

To learn more about surrogacy costs in countries where it is legal, click the link below.

click here

Conclusion: Is Surrogacy Allowed in Islam?

The permissibility of surrogacy in Islam hinges on sectarian interpretations:

Sunni View: Largely prohibited due to lineage and ethical concerns, supported by scholars like Ibn Baz and institutions like Al-Azhar.
Shia View: Conditionally allowed, as seen in Iran under Ayatollah Khamenei’s fatwa, emphasizing medical necessity and legal safeguards.

For Muslims living in countries where surrogacy is restricted, surrogacy in other countries can offer a legal and safe alternative, allowing them to pursue parenthood while respecting their religious and legal considerations. Consulting a knowledgeable scholar from their sect and understanding local laws is crucial. This article provides a detailed, evidence-based resource to navigate the complexities of surrogacy in Islam, grounded in scripture, hadiths, and scholarly consensus.

Is surrogacy haram in Islam?

It depends on the sect. Sunni scholars generally say yes; Shia scholars say no under specific conditions.

Can Muslims use surrogacy abroad?

Muslims can pursue surrogacy abroad depending on their religious interpretation and the laws of the destination country. While some Muslims—such as Saudi women—travel overseas for surrogacy due to local restrictions, many prefer choosing an Islamic country for greater peace of mind. For example, surrogacy in Iran is legal and widely supported under Shia Islamic rulings, making Iran a trusted and comfortable option for Muslim couples seeking a fully compliant surrogacy process

What does the Quran say about surrogacy?

The Quran doesn’t mention surrogacy directly but emphasizes lineage and marriage, which scholars interpret differently.

is surrogacy allowed in islam?

In Islam, opinions on surrogacy vary. Most Shia scholars consider it permissible under specific conditions (such as adherence to Islamic rulings and using the sperm of the legal husband). However, most Sunni scholars deem it forbidden due to issues like the mixing of lineage.

Can Muslims use a surrogate?

yes, in certain Islamic opinions surrogacy is allowed — especially when it keeps everything within the married couple and helps them achieve the blessing of parenthood.