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

Background & aim: The surrogacy is a desirable reproductive technology for family formation, which faces disagreements in the ethics community, and Islamic jurists. The aimed to compare surrogacy laws in Asian Islamic countries.Methods: This narrative review employed the method described by Cronin (۲۰۰۸). Persian and English articles indexed in databases of Scopus, Cochrane, PubMed, Science Direct, Medline, and Google search engine, Magiran, SID, Iranmedex related to surrogacy as well as related legal cases in ۱۳ Asian Muslim countries between ۱۹۸۷ and ۲۰۲۲, and Islamic scholars’ fatwa were searched using the keywords of “surrogacy, surrogate uterus, surrogate mother, assisted reproductive techniques, third party reproduction, infertility, law, jurisprudence, ethics and Islam”.Results: The studies included in the review were ۲۸ of ۶۳ articles, three categories applicable in Asian Islamic countries.  ۱. Countries where performing any surrogacy procedures is illegal and haram (Indonesia, Malaysia, Pakistan, and Turkey). ۲. Surrogacy is legal according to the condition’s regulations. Of the country (Iran, Afghanistan, Bangladesh, Tajikistan and Kyrgyzstan). ۳. No Lack of any specific laws (surrogacy is not explicitly allowed, but it is not prohibited either. Also, Surrogacy is allowed by Shia jurisprudence in Iran, but it is not approved in the civil law. Conclusion: Various surrogate laws in different countries require comprehensive guidelines for infertile couples and donors, including jurisprudential and advisory legal aspects, drafting contracts, and reviewing and resolving legal ambiguities in this field helps to create a better culture and more efficiency of surrogacy.

کلیدواژه ها:

Surrogate Mother ، Assisted Reproduction Techniques ، Infertility ، Islamic Scholar's Fatwa