SURROGACY

SURROGACY

What is Surrogacy ?

Many couples find they're unable to conceive children. Therefore, the solution to this problem is by finding a surrogate mother.  Surrogacy is a process whereby the surrogate mother have to carry a couple’s baby in her uterus. Surrogacy arrangement can only be done before the surrogate mother becomes pregnant. A surrogacy arrangement is an arrangement between a woman (the birth mother) and another person or couple (the intended parents) where the birth mother agrees to become pregnant with a child for the intended parents. The child born as a result of the pregnancy will be permanently relinquished by the birth mother into the care and custody of the intended parents. Most of the surrogate mothers do not tell that they are one of them because of compensation involved. Surrogacy is an emotional whirlwind, for everyone involved. Arguments do happen, feelings get hurt, and things do go wrong. It is important that everyone looking into this process understands what can happen and how to overcome a bad situation. Surrogacy can be an emotionally intense and legally complex arrangement, it is growing in popularity among parents as a way of having children. Surrogacy requires a lot of time, money and patience to succeed, whether it's carried out privately or through an agency. But it can bring happiness to all concerned if the medical, legal, financial and emotional aspects are properly considered. 

Why do couple find surrogacy as alternative to have their own inheritance ?

These are the main reasons why :

Had recurrent miscarriages.Women who have repeated miscarriages or have repeated failed IVF cycles may be advised IVF surrogacy in view of unexplained factors which could be responsible for failed implantation and early pregnancy wastage. Have a health condition which makes pregnancy and birth dangerous.Women who suffer from medical problems like diabetes, cardio-vascular disorders, or kidney diseases like chronic nephritis, whose long term prospect for health is good but pregnancy would be life threatening. Uterus (womb) is abnormal or absent, whether since birth or after a hysterectomy.Women whose uterus is malformed (unicornuate uterus, T shaped uterus, bicornuate uterus with rudimentary horn) or damaged uterus (T.B of the endometrium, severe Asherman's Syndrome) or at high risk of rupture, (previous uterine surgeries for rupture uterus or fibroid uterus) and is unable to carry pregnancy to term can also be recommended IVF surrogacy. Fertility treatments such as in vitro fertilisation (IVF) have failed Or In a same-sex partnership. 

“ According to the 2005 publication of World Health Report: Making Every Mother and Child Count by the World Health Organisation, the total fertility rate in Malaysia is 2.9. Earlier this year, Health Minister Datuk Dr Chua SoiLek said there were an estimated 300,000 couples in Malaysia aged between 20 and 40 who experienced some form of infertility.”

This quote was taken from the star website, and this shows that is why the surrogacy marketing is in high demand worldwide. 

Surrogacy is mainly divided into two types which are Gestational Surrogacy and Traditional Surrogacy

Gestational Surrogacy is the most popular surrogacy used around the world. A gestational surrogate carries and delivers a child that is not related to her in any way. This type of surrogacy uses the embryo that is usually created through the intended mother’s egg and intended father’s sperm.  The process to create embryo is called in Vitro Fertilization or also known as IVF. IVF is done in the lab to produce embryo.  After it is produced,  the embryo is transferred to the gestational surrogate or they usually known as surrogate mother. The surrogate mother acts ad human incubator, carrying the parent’s baby through to birth. When the child is born, the surrogate mum gives the baby to you and your partner and terminates her parental rights.

Traditional Surrogacy  is not similar to gestational surrogacy as the surrogate mother acts as both egg donor and surrogate. The Surrogate Mothers are impregnated by a process called intrauterine insemination or also known as IUI.  The doctor will transfer the intended father’s sperm into the uterus of the surrogate so that natural fertilization can take place. 

Does it takes a long time to engage a surrogate mother ?

It is quite hard to find a trustworthy, healthy, willing and reliable surrogate mother. It takes years to find one.  The west advices to use a solicitor to help in order to come to an agreement with a surrogate.  After finding it, the surrogate mother and the intended parent have to undergo IUI or IVF which will take a few months or longer.

What are the advantages of doing surrogacy ?

We can find that the advantages of this process are not that much. But surrogacy creates a chance for partners who can’t conceive child and this process help them to be the parent of a child who is at least partially genetically them. This genetic link may be through the father's sperm or an embryo which was created from mother’s egg and your father's sperm.As for the homosexual partners, surrogacy offers a route to parenthood.  

What are the disadvantages of surrogacy ?

Firstly, the procedures such as IUI, surrogacy is highly controversial and can be legally complex. Secondly, not every clinic support this surrogacy process. Thirdly, some surrogates mums experience difficult emotional and psychological issues over letting the baby go. Next, the intended parent may also worry about legal complications, the ethics of surrogacy, and the possibility that the surrogate will change her mind. Any agreement made with a surrogate mother is not recognised as a legally-binding contract. Last but not least, the intended parent will need to tell the child about their genetic heritage at some point, and they should consider how they will approach this early on with the child. 

What are the risks of doing surrogacy ?

Risks of doing surrogacy are :

Medical .The surrogate mother will have the risk to experience a lot of disease therefore, It's important to keep medical risks associated with surrogate pregnancies like miscarriage, diabetes, ectopic pregnancies, thrombosis, high blood pressure hemorrhages and losing the ability to have children, at the forefront. In terms of Psychological. Losing control during pregnancy is one of the biggest psychological problems for surrogate mothers. The hardest part about the process is relinquishing the baby at birth. Preparing for this, both mentally and emotionally before entering surrogacy, is imperative. In terms of Financial. Being financially stable is also a huge requirement for surrogate mothers. They are often times responsible for their own health care costs, including health insurance. Sometimes the couple covers these costs. Lastly, in terms of Legal. Each state has different laws concerning surrogacy, and surrogacy is still illegal in some states, like New York, and heavily frowned upon in other states and by religious and socialgroups. But legal arrangements for those in states that allow surrogacy are assessed on an individual basis through contracts. 

Is surrogacy permissible in every religion ?

Not every religion is permissible doing this process. According to Islam surrogacy is undoubtedly totally forbidden in all situations and an enormously reprehensible act. Renting the womb to carry someone else’s child is absolutely Haram and a major sin in Islam. Being pregnant with a child is only permitted pursuant to a marriage in-between a man and his wife and by no one else, no matter what the circumstances, deficiencies, reasons, or desires may be. We were told that Allah does what he wants and their wives gave birth to that promised child. Some of us know a lot of married couple who did not have any child for number of years and then Allah gave them children. Of course, it is also our duty to treat any bodily ailment and deficiency to the best available care but limits of Allah must be observed.   In islam scholar is was told that surrogacy is consider as sexual intercourse. Undoubtedly this is haram, primarily because Allah has commanded us to guard our chastity, as He says (interpretation of the meaning): 

“And those who guard their chastity (i.e. private parts, from illegal sexual acts)Except from their wives or (the slaves) that their right hands possess, for then, they are free from blame” [al-Mu’minoon 23:5-6] 

So Allah has forbidden us to engage in sexual activity with anyone except our wives and female slaves, i.e., having intercourse with them (female slaves) on the basis of possession. Only a husband has exclusive right to the womb of the woman he is married to. The surrogate mother will be nurturing the feteus in her womb resulted from the marriage of another couple.

This process undoubtedly requires looking at ‘awrahs and at the private parts which it is forbidden to see, and it also requires collecting sperm and extracting the eggs and placing them in other wombs. All of that is not allowed in sharee’ah, indeed it comes under prohibition mentioned in the aayah (interpretation of the meaning): 

“Tell the believing men to lower their gaze (from looking at forbidden things), and protect their private parts (from illegal sexual acts)”

[al-Noor 24:30]  

What is meant is to protect them by covering them so that no one will see the ‘awrah of another. This is the way of Islam and we pay no attention to those who deviate and go against that, and permit this borrowing and this renting of wombs, the consequences of which will undoubtedly be disastrous.

"In Islam, it is not permissible for the sperm of the male of a married couple to be implanted into the egg of another woman. That is considered a violation because the man is not married to this other woman and yet she is the bearer of his child out of wedlock."  

This quote was mentioned by Mat Jais Kamos from the Islamic affairs department in Malaysia's biggest state, Selangor. It is clearly obvious that in Malaysia itself have prohibited this surrogacy process.

What about the Christianity scholar ?

After reading some sources, it is found that surrogacy is not against Christianity. But some scholars in Christianity forbid it. According to the bible that allows this process it is mentioned that;

Children are a gift from the Lord; they are a reward from him. (Psalms 127:3)

The Christians believe that the ultimate surrogacy is in the Bible Mary herself was a surrogate in carrying Christ.One more Biblical example of God's view of infertility.

Throughout his walk with God, Abraham was repeatedly promised a son (Gen. 15:4 and others). 

This son would begin a line of descendants that would outnumber the stars of the heavens (Gen. 22:17)

 and eventually lead to Jesus Himself. God fulfilled His promise to Abraham in a miraculous way (Gen. 21:1-7).  

While God may not choose to intervene miraculously in the lives of every infertile couple, He can certainly bless the efforts of Christian couples to have children using the technologies that our growing understanding of His wondrous ways allows. At times God has chosen to heal numerous physical diseases miraculously. However, He can also greatly bless the efforts of health care providers in applying our constantly growing knowledge to help heal disease and relieve suffering.But on the other hand, I got different views about surrogacy in other bibles;

a woman bear a child for her own husband. (Compare Deuteronomy 23:2. )

“You must not give your emission as semen to the wife of your associate to become unclean by it.” (Leviticus 18:20)

Is there any alternative other than doing surrogacy?

Yes, we are allowed to adopt children even there we can get it in orphanage.The Prophet Muhammad (peace be upon him) once said that a person who cares for an orphaned 

child will be in Paradise with him, and motioned to show that they would be as close as two fingers of a single hand.  An orphan himself, Muhammad paid special attention to the care of children.  He himself adopted a former slave and raised him with the same care as if he were his own son. Adoption is one of the most common options for infertile couples. Many are too quick to say that adotion is haram, when in fact the reality is that Allah on many occasions calls for Muslims to take care of orphans: 

It is not piety that you turn your faces towards the east or west; but piety is the one who believes in Allah, the last day, the angels, the book, the Prophets, and gives his wealth, in spite of love for it, to the kinsfolk, to the orphans, and to the poor who beg, and to the wayfarer, and to those who ask... (2:177)

They ask you what they should spend. Say: whatever you spend of good must be for parents and kindred and orphans and the poor who beg and the wayfarers, and whatever you do of good deeds, truly Allah knows it well. (2:215)

Worship Allah and join none with Him in worship, and do good to parents, kinsfolk, orphans, the poor who beg, the neighbour who is near of the kin, the neighbour who is a stranger, the companion by your side, the wayfarer, and those whom your right hand possess. Verily Allah does not like such as are proud and boastful (4:36) 

People must be wondering, if we are to adopt a child then will he/she be halal with parent’s relationship? Islam is wonderful as Allah already arrange our life very beautifully and perfectly. HE knows what’s the best for his creation.

For infertile couples one would automatically assume that because the woman is unable to get pregnant than she is unable to produce milk for suckling. This is untrue, the breasts of a woman can be stimulated to make milk. How amazing Allah has created a woman body that basically on demand she can produce milk, with a bit of help of course. The act of suckling a child under the age of two will set up a mahram relationship making marriage prohibited, and also make for a comfortable atmosphere within the home. A woman can uncover in front of her suckled adopted child as well can her female children she naturally has or also adopts and suckles. Therefore It would be totally no problem when adopting child other than our own blood and flesh.  Other than that the couple who can’t have their own baby should consult with a doctor and do it in a way where Allah pleased when we do it. Lastly, seek Allah’s help and one day our wish will be answered and InsyaAllah everything happened must have a hidden agenda or benefit beneath it as Allah knows better for us.