Case Details

Citation(s)
2017 SLG 1319 2017 SLD 1319 = 2017 PLD 78
Federal Shariat Court
Shariat Petition No. 2/I of 2015, decided on 16th February,2017. Dates of hearing: 5th May, 21st September, 20thOctober, 17th November, 25th November, 2015; 12th January,7th March, 19th April, 4th October, 2016; 10th January, 1stFebruary and 16th Febr
ALLAMA DR. FIDA MUHAMMAD KHAN, JUSTICE, ZAHOOR AHMED SHAHWANI, JUSTICE
M. Parvez Khan Tanoli Standing Counsel for Federal Government.Syed Raza Abbas Naqvi, Asstt. Advocate General, Punjab for Government of Punjab.Ahsan Hameed Dogar, on behalf of A.G. Sindh for Government of Sindh.Arshad Ahmad Khan Asstt. Advocate Gener

FAROOQ SIDDIQUIVSMST. FARZANA NAHEED

Law:

Section:

(a) Medical jurisprudence-- ---.----"Surrogacy"---.---Meaning---.---Surrogacy meant 'appointed to act in place of'---.---Surrogacy was a technique of assisted reproduction wherein woman bore and delivered child for other couples---.---Where a man was incapable of producing a child and the sperm was obtained from a third person that could not be called a case of surrogacy for the simple reasons that the child did not belong to the father---.---Issue of surrogacy arose when the woman was hired for carrying a child for a couple for some monetary or other consideration---.---Surrogate mother was paid certain amounts for carrying out the child for nine months and then producing child for another woman---.---For all practical purposes the surrogate mother gave her womb on rent. (b) Constitution of Pakistan---.--- ---.----Art. 203-D---.---Shariat petition---.---Medical jurisprudence---.---Surrogacy---.---Repugnancy to Injunction of Islam---.---Child produced through In Vitro Fertilization (IVF) procedure by using sperm of a third person---.---Where the husband was not in a position to produce a child or there was some problem in the sperm of the husband and the sperm was obtained from a third person, in that case the child would belong to the person, from whom the sperm had been obtained---.---Child would not belong to the husband who had arranged the sperm from a third person---.---Even if the egg belonged to the wife of the person who had arranged the sperm from a third person, for all practical purposes the child would belong to the person from whom the sperm had been obtained---.---Such an arrangement would be illegal and against the injunction of Holy Qur'an and Sunnah---.---Shariat petition was disposed of accordingly. (c) Constitution of Pakistan---.--- ---.----Art. 203-D---.---Shariat petition---.---Medical jurisprudence---.---Surrogacy---.---Repugnancy to Injunction of Islam---.---Child produced through In Vitro Fertilization (IVF) procedure by using sperm of the husband, eggs of the wife, and placing the embryo in the womb of the wife---.---Where the sperm had been obtained from husband and the egg from the wife and the same had been fertilized in the test…
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