ISLAMABAD: The Islamic Sharia Court of Pakistan has today given a historical decision for those childless couples facing medical complications and are unable to get fertile.
The recent research on infertility rate in Pakistan has revealed that at present infertility rate in Pakistan is 10% that list it in the countries with highest fertility rate. However, research has also revealed that over ninety percent of the infertility case are curable if are given proper medical treatment.
Federal Shariat Court in its judgment said, “If the sperm has been obtained from the father and the egg from the mother and the same has been fertilized in the test tube through medical process, and the embryo is then placed in the womb of the actual mother… the procedure would be legal and lawful.”
“This process cannot be considered as illegal or against the Injunctions of Holy Quran and Sunnah,” the court said in its 22-page ruling on in-vitro fertilization (IVF).
The 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.”
“In all other cases where a woman is arranged as a surrogate mother for 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 Holy Quran and Sunnah,” reads the written decision.