Emirati Doctor Calls for Islamic Scholars to Legalize Surrogacy After UAE Law Change
Just weeks after the United Arab Emirates modified its laws to allow surrogacy in the country, Dr. Maha Taysir Barakat has urged Islamic scholars to issue a fatwa legalizing the practice from an Islamic perspective. Surrogacy involves a woman carrying and giving birth to a child for a couple or individual.
At the second international conference of the UAE Council for Fatwa, Dr. Barakat presented the science of surrogacy to over 160 scholars, intellectuals, and scientific personalities from around the world. She explained that the relationship between a surrogate mother and the baby is similar to that of a woman breastfeeding another woman’s child who cannot produce milk. The fertilization and implantation process means the surrogate mother cannot alter the baby’s genetic makeup.
Last month, the UAE’s Federal Decree Law No. 17 of 2023 amended a previous law, allowing surrogacy and extending assisted reproduction techniques to non-Muslim parties without a marriage certificate. Legal expert Manasi Dicholkar noted that the removal of Article 9(3) now permits surrogacy, signaling a progressive move towards embracing diverse reproductive options.
Dr. Barakat emphasized the importance of scholars understanding the science behind surrogacy, especially in the Islamic world. She discussed the emerging issue of renting natural and artificial wombs, stressing the need for in-depth study and debate to provide an accurate Shariah ruling that aligns with scientific progress while upholding the objectives of Shariah.
The purpose of her presentation was to clarify that surrogate mothers cannot change a child’s lineage. According to Islamic law, a woman who has breastfed a child not related to her is considered a second mother, with restrictions on marital relations between the child and the wet-nurse’s own children.
Dr. Barakat’s call for a fatwa on surrogacy highlights the changing legal and social landscape surrounding reproductive techniques in the UAE.
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