In Vitro fertilization from divorced husband

Question:

A husband and wife fertilized an egg and stored it in a fertility clinic. Since then, they have separated through divorce. The wife would like to have the fertilized egg planted in her womb now that the divorce is final.

Answer:

When contemporary legists researched the subject of ‘renting one’s womb’ during an Islamic conference for medical issues, their opinion was unanimous that it is unlawful.

Based on the above and in reference to the question: it is not permissible for an irrevocably divorced wife to plant an egg fertilized by her former husband in her womb, since marital relations ended with the irrevocable divorce. If divorce was not irrevocable [and she can be taken back], there is no legal prohibition in having an egg fertilized by her husband planted in her womb during the waiting period – but with the condition that her husband who fertilized the egg agrees, since marital relations remain during the duration of the waiting period.

And Allah Most High knows best.

Dr. Ali Gomaa Mohammad
Grand Mufti, Egypt
Dar al-Ifta al-Misriyya

Researched by Staff

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