LAHORE - The Federal Shariat Court yesterday declared the option of using ‘test tube baby’ method for conceiving babies for the married couples having some medical complications as lawful.
The court declared if the sperm has been obtained from the father and the egg from the mother and the same has been fertilised in the test tube through medical process and the embryo is then placed in the womb of the actual mother, the child would belong to the actual mother and father. “This process cannot be considered as illegal or against the injunctions of the holy Quran and Sunnah,” it reads.
“The sperm and the egg belong to the actual father and mother. If the couple agrees to go through the prescribed medical procedure, then legally no question can be raised in respect of the birth of the child. The child in such a case would be legal and legitimate,” the court gave the reason for validating the process.
The Federal Shariat Court categorically declared, “In all other cases where a woman is arranged as a surrogate mother against the monetary consideration or some other reason, the whole procedure as well as the resulting birth of the child would be illegal and against the injunctions of the holy Quran and Sunnah,” reads the decision.
“In Pakistan, such an agreement, oral or written, would ordinarily be governed by the Contract Act, so suitable amendment be made in Section 2 of the Contract Act, 1872 and it may be specifically provided that any agreement regarding surrogacy would not be enforceable by law as the same would contain unlawful proposals and unlawful considerations,” the decision states.
The Federal Shariat Court sought amendment to the Pakistan Penal Code and suitable legisdlation regarding definition of surrogacy by August 15, 2017. The same be declared as an offence punishable with imprisonment as well as fine, the decision says.