Q: What is the Islamic ruling on artificial insemination?
A: The process of artificial insemination cannot be evaluated by purely material criteria. Islamic law defines two kinds of relationships in reproduction: legitimate and illegitimate, to preserve lineage.
There is no problem in fertilizing the ovum of a wife with the sperm of her husband. This is permissible even if the fertilization occurs outside her body before returning it to her womb. The child is considered fully legitimate.
However, it is illegitimate to fertilize a woman's ovum with the sperm of a man other than her husband. This process is not considered adultery, but the child is not the husband's son. The child belongs to the owner of the sperm.
Q: What if the ovum comes from another woman?
A: Fertilizing another woman's ovum with the husband's sperm is impermissible. This remains true even if precautions are taken or it is mentioned in the marriage contract.
This becomes permissible only if the man marries the woman whose ovum is used. The timing of fertilization, whether before or after the marriage contract, does not matter in this case.
There is a scholarly difference regarding who the mother is in such a situation. One opinion, held by Ayatollah Al-Khoei, is that the mother is the woman who carries and gives birth to the child. He bases this on the Quranic verse:
"Their mothers are none but those who gave birth to them."
Surah al-Mujadila (58:2)
The other opinion, which we adopt, is that the mother is the owner of the ovum. The child is formed from both the sperm and the ovum. The woman who carries the child is like a container or a foster mother. This is a jurisprudentially controversial issue.
Q: What if the sperm is from another man?
A: If the sperm is from another man, the husband is not the father. This is true even if the ovum is implanted in his wife's womb and he gives his approval. The marriage contract does not make him the father of an embryo that is not from their matrimonial relationship.
There is no difference between this and adopting a child. Children must be from both the husband and the wife. If the wife's child is from another man, the husband is merely deceiving himself. The child is born within the matrimonial life, but this does not make him the father.
Q: What about "lending a womb"?
A: There is no concept in Sharia called "lending a womb" without a legitimate ruling. Therefore, it is impermissible to insert a foreign man's sperm into a married woman's womb. It is also impermissible for that man to marry her if she already has a husband.
If a woman is unmarried and not in her Iddat period, it is permissible for a man who has a marriage contract with her to have his sperm or a fertilized ovum from his sperm inserted into her womb.
Q: What are the conditions for permissible artificial insemination?
A: The process is permissible only under the following conditions:
- The fertilization uses the sperm of the husband and the ovum of his wife.
- The husband's semen can be obtained by an instrument or by the wife's hand.
- The husband must avoid showing his private organ to the doctor.
- The wife must not show her vulva to a male doctor, unless it is the only way to achieve pregnancy.
Q: What if the doctor and patient follow different religious authorities?
A: The doctor must follow the rulings of his or her own Religious Authority. The doctor is responsible for the process.
For example, if a female patient's authority permits her to show her private organs to a female doctor, but the female doctor's authority prohibits looking at another woman's private organs, then the doctor is prohibited from performing the procedure in non-essential cases.
If a doctor's authority has no specific ruling on the issue, then it is permissible for that doctor to treat a patient whose own authority permits the procedure.
Q: What is the Islamic ruling on artificial insemination?
A: The process of artificial insemination cannot be evaluated by purely material criteria. Islamic law defines two kinds of relationships in reproduction: legitimate and illegitimate, to preserve lineage.
There is no problem in fertilizing the ovum of a wife with the sperm of her husband. This is permissible even if the fertilization occurs outside her body before returning it to her womb. The child is considered fully legitimate.
However, it is illegitimate to fertilize a woman's ovum with the sperm of a man other than her husband. This process is not considered adultery, but the child is not the husband's son. The child belongs to the owner of the sperm.
Q: What if the ovum comes from another woman?
A: Fertilizing another woman's ovum with the husband's sperm is impermissible. This remains true even if precautions are taken or it is mentioned in the marriage contract.
This becomes permissible only if the man marries the woman whose ovum is used. The timing of fertilization, whether before or after the marriage contract, does not matter in this case.
There is a scholarly difference regarding who the mother is in such a situation. One opinion, held by Ayatollah Al-Khoei, is that the mother is the woman who carries and gives birth to the child. He bases this on the Quranic verse:
"Their mothers are none but those who gave birth to them."
Surah al-Mujadila (58:2)
The other opinion, which we adopt, is that the mother is the owner of the ovum. The child is formed from both the sperm and the ovum. The woman who carries the child is like a container or a foster mother. This is a jurisprudentially controversial issue.
Q: What if the sperm is from another man?
A: If the sperm is from another man, the husband is not the father. This is true even if the ovum is implanted in his wife's womb and he gives his approval. The marriage contract does not make him the father of an embryo that is not from their matrimonial relationship.
There is no difference between this and adopting a child. Children must be from both the husband and the wife. If the wife's child is from another man, the husband is merely deceiving himself. The child is born within the matrimonial life, but this does not make him the father.
Q: What about "lending a womb"?
A: There is no concept in Sharia called "lending a womb" without a legitimate ruling. Therefore, it is impermissible to insert a foreign man's sperm into a married woman's womb. It is also impermissible for that man to marry her if she already has a husband.
If a woman is unmarried and not in her Iddat period, it is permissible for a man who has a marriage contract with her to have his sperm or a fertilized ovum from his sperm inserted into her womb.
Q: What are the conditions for permissible artificial insemination?
A: The process is permissible only under the following conditions:
- The fertilization uses the sperm of the husband and the ovum of his wife.
- The husband's semen can be obtained by an instrument or by the wife's hand.
- The husband must avoid showing his private organ to the doctor.
- The wife must not show her vulva to a male doctor, unless it is the only way to achieve pregnancy.
Q: What if the doctor and patient follow different religious authorities?
A: The doctor must follow the rulings of his or her own Religious Authority. The doctor is responsible for the process.
For example, if a female patient's authority permits her to show her private organs to a female doctor, but the female doctor's authority prohibits looking at another woman's private organs, then the doctor is prohibited from performing the procedure in non-essential cases.
If a doctor's authority has no specific ruling on the issue, then it is permissible for that doctor to treat a patient whose own authority permits the procedure.