No sin upon a woman to serve as surrogate mother

Infertility is a disease of the male or female reproductive system defined by the failure to achieve a pregnancy upon regular unprotected sexual intercourse. Infertility may occur due to male, female or unexplained factors, and it may be caused by a number of different factors, in either the male or female reproductive systems, while it is sometimes not possible to explain the causes of infertility.

However, treatment of infertility often involves various types of medically assisted reproduction including in-vitro fertilization (IVF). A surrogate is a woman who becomes pregnant through in vitro fertilization with embryos created using eggs and sperm from the intended parents or donors. Here what we may learn from the Quran whether there is any sin for a surrogate mother or for the intended parents to have a baby taking this treatment, when we may hear that it is not permitted in the religion:

• God is Sovereign being Knower and Powerful over all things and He grants males or both males and females or makes barren whomever He wills:

[7:189] He is the One who has created you from one soul and has made its mate from it that he can live with her. Then when he covers her, she has carried a light load that she has passed with it. Then when it has grown heavier, they both implore God, their Lord: “If You have given us a good one, we will surely be among the thankful ones.”

[42:49] To God belongs sovereignty of the heavens and the earth. He creates whatever He wills. He grants females to whomever He wills and He grants males to whomever He wills.

[42:50] Or He grants them (couples) both males and females, and He makes barren whomever He wills. Indeed, He is Knower, Powerful.

• The divorced mother can suckle their baby for two full years having provision and clothing from their ex-husbands and there is no sin upon them if they have mutually decided to have nursing mother who has been paid in the fair manner:

[2:233] The (divorced) mothers shall suckle their children for two full years for whoever has wished to fulfill the suckling. And upon the father for him is their provision and their clothing in the fair manner. No soul is burdened beyond its capacity. Neither mother because of her child is made to suffer, nor father because of his child. And upon the heir is like that. But if they both have desired weaning from mutual consent of them and consultation, then there is sin on them. And if you have intended to hire nursing mothers to suckle your child, then there is no sin upon you when you (husbands) have paid what you have given in the fair manner. And you shall fear God and shall know that God is Seer of what you do.

• God has encouraged to get married who are single, even the slave men and women should be helped to get married, while prostitution is forbidden with the slave women, but those who have been compelled to the prostitution if they repent and reform, God will forgive them:

[30:21] And from His signs is that He created for you mates from yourselves that you may find tranquility in them, and He has placed between you love and care. In that there are, of course signs for a people who reflect.

[24:33] And should be chaste those who do not find marriage until God enriches them from His bounty. Those who seek the obligation (marriage) from whom of your slaves, you shall give them obligation, if you have learned in them any good, and you shall give them from God’s wealth, which He has given you. And you should not compel your (slave) girls to the prostitution if they have desired chastity that you may seek temporary gain of the life of the world. And whoever compels them, then indeed, God after their compulsion is Forgiving, Merciful.

In conclusion, God has informed us that some couple may have reproduction issue, which is medically termed infertility and a disease, and if the intended couple take treatment for that to have a baby should not be a violation of His law for them. On the other hand, there is no sin for a surrogate mother who helps a couple to have a baby being paid for it like a nursing mother hired by a couple, even if she does it for more than a couple as God has only prohibited prostitution for the women to take it as a profession. In gestational surrogacy, the baby receives its DNA from the intended parents (or donors) and not the surrogate mother. Since the surrogate carries the embryo and provides the uterine environment for the baby’s development, but does not contribute genetically, there should not be any issue to establish the relationship between the parents and the baby, which is concern in our religion (33:5). However, the surrogate’s health and environment during pregnancy can influence how the baby’s genes are expressed, which can be temporary or permanent having significant impacts on health and development of the baby.
Peaceful Friday, salaam and God bless.
Tafazzal (08/01/2025)