414. IVF

By Asma Bint Shameem

 IVF is ONLY allowed in Islaam if 

- there’s a *need* for it

- the sperm and the ovum are from a *couple that are married to each other. *

It’s not allowed to use the sperm of one man and to place it in the uterus of a woman who’s not his wife.

This is haraam. 

In other words, surrogacy is not allowed in Islaam. 

That’s because children are to be born to MARRIED couples and by resorting to surrogacy, the woman who’s going to be carrying the child is NOT the wife of the father. 

Also there will be a mixup of lineage as well as issues of inheritance and mahrams

The scholars said:

“If a third party, other than the spouses, is introduced into the process of fertilization, such as eggs coming from another woman or another woman acting as a surrogate mother, or sperm coming from another man, then fertilization in such cases is haraam, because it is counted as zinaa (adultery). 

When a woman uses the sperm of a man, this comes under the same rulings as intercourse in terms of what is halaal and what is haraam. 

With regard to the child who is born as the result of such a process, he is to be attributed to the mother who bore him, and not to the man who produced the sperm, as is the ruling in the case of zinaa (fornication or adultery).”

(Majallah Al-Da’wah, Issue No. 1796, P. 20)

And Shaikh Ibn Uthaymeen said about IVF:

“If there is a NEED for this procedure, then we do not think there is anything wrong with it, so long as three conditions are met:

1. That this fertilization be done with the husband’s sperm. 

It is not permissible to use the sperm of anyone but the husband for this fertilization, 

because Allaah says:

“And Allaah has made for you Azwaaj (mates or wives) of your own kind, and has made for you, from your wives, sons and grandsons, and has bestowed on you good provision. 

Do they then believe in false deities and deny the Favor of Allaah (by not worshipping Allaah Alone)”

[al-Nahl 16:27]

2. The collection of sperm from the man should be done in a permissible manner, such as by the husband being intimate with his wife, and ejaculating between her thighs or in her hand, so that the semen may be emitted, then the egg may be fertilized with it. 

3. After fertilization, the egg should be placed in the wife’s uterus. 

It is not permissible to place it in the uterus of any other woman under any circumstances whatsoever, because that involves inserting the sperm of the man into the uterus of a woman who is not permissible for him, 

and Allaah says:

“Your wives are a tilth for you, so go to your tilth,  when or how you will, and send (good deeds, or ask Allaah to bestow upon you pious offspring) for your ownselves beforehand. 

And fear Allaah, and know that you are to meet Him (in the Hereafter), and give good tidings to the believers (O Muhammad Sal Allaahu Alaiyhi wa Sallam).”

[al-Baqarah 2:223]

Tilth is mentioned specifically with regard to a man’s wife, which indicates that a woman other than his wife is not appropriate for his tilth.”

[Majmoo’ Fataawa al-Shaykh al-‘Uthaymeen (17/p. 27, 28)] 

And Allaah knows best