Comparative Investigation of Surrogacy Laws in Asian Islamic Countries: A Narrative Review

Document Type : Review Article


1 Lecturer, Department of Operating Room, Faculty of para medicine, Bushehr University of Medical Sciences, Bushehr, Iran

2 Associated Professor, Department of Islamic Jurisprudence and Law, Hazrat-e- Masoumeh University, Qom, Iran



Background & aim: A surrogate uterus is one of the reproductive technologies for women who lack a functional uterus. This study aims at comparing surrogacy rights in Asian Islamic countries.
Methods: This narrative review employed the Cronin method. Persian and English articles indexed in databases (Scopus, Cochrane, PubMed, Science Direct, Medline, Ovid and Google scholar) related to surrogacy, related legal cases in thirteen Asian Muslim countries between 1987 and 2022, and other jurisprudence texts were searched using the keywords “surrogacy, surrogate uterus, surrogate mother, assisted reproductive techniques, reproduction, third party pregnancy, infertility, law, jurisprudence, ethics and Islam”.28 eligible articles were included in this review
Results: In countries such as Indonesia, Malaysia, Pakistan, and Turkey, any surrogacy measures are illegal and against Sharia. In Iran, Afghanistan, Bangladesh, Tajikistan and Kyrgyzstan, surrogacy procedures are legal and can be performed depending on the conditions of each country. In other Asian Muslim countries, there is no special law (surrogacy is not explicitly allowed, but it is not prohibited either). Also, among Islamic countries, surrogacy and commercial surrogacy is done with the permission of Shia jurisprudence in Iran, but the legal mechanism in the Civil law has not been approved.
Conclusion: It deems necessary to inform infertile couples and donors to clarify and prevent the occurrence of religious, legal, and psychological problems. Formulating a comprehensive guideline including jurisprudential and advisory legal dimensions, drafting contracts, and screening and resolving legal ambiguities in this field will help to create a better culture and higher efficiency of surrogacy.


Main Subjects