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Federal Shariat Court legalizes test tube babies but outlaws surrogation

Test tube babies illegal in Pakistan not surrogation

Federal Shariat Court (FSC) has declared process of conceiving babies through IVF (In Vitro Fertilization) using test tubes as legal but said surrogation to be illegal.

The court stated in a verdict on Tuesday that children produced through a technical and medical procedure where sperm belongs to actual father and egg belongs to actual mother and birth is given by actual mother are legal and lawful.

The verdict was given by a full bench of judges of Federal Shariat Court, consisting of Chief Justice Riaz Ahmad Khan, Justice Allama Dr. Fida Muhammad Khan and Justice Zahoor Ahmad Shahwani under Article- 203 D of the constitution.

While elaborating upon the reason for declaring test tube babies legal, court said, “The reason is that the sperm and the egg belong to the actual father and mother. If the couple agrees to go through the prescribed medical procedure then in that case legally no question can be raised in respect of the birth of the child. The child in such a case, by all means, would be legal and legitimate.”

The court, however, made it clear that any other condition for obtaining a test tube baby would be considered un-Islamic.

Court has declared the surrogation unlawful and against the Islamic injunctions and Sunnah.

To make clearly define the surrogacy and suggest punishment for the parties who would be involved in it code directed the amendment of section 2 of the Contract Act.

Term surrogation, in general, referred as a process in which a woman keeps in embryo in her womb, who is from other parents.

Legalization of surrogation is widely debated topic in the entire world. In India the procedure is legal, and even celebrities like Shahrukh Khan who produced his third child Abraham through the same process, also endorse it.

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