The legality of the Lease of the Uterus and  its Effects

Ziad Kamel Al-Sa, Abbas; Adi,

	The legality of the Lease of the Uterus and its Effects
Al-Ma'mon College Journal
Article 1, Volume 0, Issue 22, 2018, Pages 144-196
Authors
Abbas Ziad Kamel Al-Sa;
Abstract
1. The rent of uterus these days is considered one of modern techniques to overcome infertility by a manner similar to In-vitro-Fertilization IVF). The eggs to her from original mother and sperm from her husband are placed in the laboratory until they form the nucleus of the embryo, and then placed in the uterus of another woman who had accepted to rent her womb for a married couple wishing to have children. This procedure is done after the signing of a contract between the two parties by agreeing on a fee determined in advance, or without pay (as a donation) or within the same family. The contracted mother’s role ends immediately after birth, and the handing of the child to the family owning the egg. 2. Some scholars rejected the idea of surrogacy and considered it a departure from the Islamic Law, and may open the doors for abomination , in addition to the special legal objections to leasing the uterus and the legal status of births and the subsequent legal disputes. However others permitted surrogacy in analogy to breastfeeding. Their argument is that since it is legal to vent the breast benefit the uterus may be measured ogaist on the breast. The uterus dose not transfer any genetic property, and does not lead to the possibility of mixing of lineages. 3. Some doctors affirm that the uterus in procreation is not only the pot and does not carry any hereditary implications to the fetus, which may have already been created and completed genetically by fertilizing the egg by sperm. They confirmed the exclusion of any chance of pregnancy for women with the leased uterus by her husband during her pregnancy of created sperm; because pregnancy hormones stopp ovulation completely until after birth.

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