Rent A Womb: Motives and Usage - An Analysis of Surrogacy within Islamic Law

Abstract

The practice of womb rental, a burgeoning contemporary commercial phenomenon, raises significant ethical questions pertaining to human reproduction. In various religious traditions, including Islam where Allah extols breeding as a divine gift and blessing, marriage is advocated as a sacred institution ensuring human comfort and societal well-being. The failure of a married couple to conceive can lead to profound social and moral dilemmas. Modern science offers infertility treatments in diverse forms, including surrogate pregnancies to overcome challenges in conception or pregnancy. This article delves into the ethical dimensions of the emerging commercialization of womb rental, particularly prevalent in India and Western countries. While scientific advancements provide alternatives for couples facing infertility, the practice of outsourcing gestation to another woman for monetary compensation prompts critical inquiries. The central concern revolves around whether this commercial approach preserves the inherent identity and sanctity of human life. By mechanically fertilizing embryos and placing them in the womb of a surrogate, the stages of embryonic development unfold until the child is delivered, and custody is transferred to the intended parents. The surrogate, in turn, receives compensation for her role in the reproductive process. This study critically examines the ethical implications of womb rental, addressing questions related to the preservation of individual identity and the broader societal consequences of commodifying reproduction. The analysis encompasses religious perspectives, societal norms, and the impact on the surrogate mothers involved. As womb rental continues to evolve as a commercial practice, it becomes imperative to assess its ethical ramifications within the broader context of human values and societal well-being.