Fatwa on IVF, Surrogacy & Artificial Insemination, Sperm Donation Birth

[Syed_Rizvi]

Fatwas of Ayatullah Khamenei & Ayatullah Sistani on IVF, Surrogacy & Artificial Insemination, and Sperm Donation Birth,  in Shia Islam.

(Information on the topic was not easily available.  I posted the Fatwas and their links on the above topic. Hope this will help the readers. It's for informational purposes) 

Detailed Explanation Video link (Urdu Language) : https://www.facebook.com/watch/?v=2504516472943202 

 

1) Fatwa of Ayatullah Khamenei on Birth through Sperm Donation (other than husband)

Q1267. Is it permissible for a woman, whose husband is sterile, to be artificially inseminated with sperm from a non-maḥram man (other than her husband), i.e., through placing the sperm in her womb?

A: In itself there is no legal impediment to inseminating a woman with the sperm of a non-maḥram man. However, it is obligatory to avoid the preliminary steps which are ḥarām, such as looking and touching. However, the born child in this way does not belong to the husband of the woman, rather to the person who donated the sperm and the woman whose egg and womb were used in the process.

https://www.leader.ir/en/book/23?sn=5721"&fbclid=IwAR1rwj9P_NRutsK807dwFu5NKVxR06PVn3qIoGRIZD4pMGipaiEMUjFrkno

 2) Fatwa of Ayatullah Sistani on Birth through Sperm Donation (other than husband) 

(Fatwa is not in English website link, its on Persian Link)

پرسش: گرفتن اسپرم از یک مرد غریبه و تلقیح آن با تخمک یک زن غریبه در ازمایشگاه و جنین حاصل شده را در رحم همسر من بکارند، آیا این کار جایز است؟

و بچه به کی ملحق خواهد بود و سایر احکام آن چیست؟
پاسخ: تلقیح مصنوعی تخمک و اسپرم زن و مرد نامحرم در محیط آزمایشگاهی و کاشت آن در رحم زوجه به خودی خود حرام نیست، ولی از این جهت که تلقیح مصنوعی غالبا همراه با کشف عورت یا لمس و نگاه به آن است حرام می شود، لذا در غیر حال ضرورت، مراجعه کننده مجاز به کشف عورت نیست.
و در هرحال چنانچه بچه متولد شود، انتساب او به زوجه یا اهدا کننده تخمک محل اشکال است، بنابراین ـ به احتیاط واجب ـ لازم است در مسأله ارث، بین آنها مصالحه صورت گیرد، و در مسأله محرمیت اهدا کننده تخمک باید احتیاط کند به این ترتیب که اگر فرزند پسر بود حجاب را رعایت کند و دخترانش با او ازدواج نکنند. و اما زوجه (زنی که جنین در رحم او کاشته شده) از جهت محرمیت مانند مادر بچه می باشد و لازم نیست از او حجاب بپوشد.
و از طرف دیگر این بچه فرزند شرعی اهدا کننده اسپرم محسوب می شود، ولی نسبتی با زوج (شوهر زنی که بچه در رحم او پرورش یافته) ندارد، مگر این که زوج با همسر خود همبستر شود که در این صورت نوزاد دختر، حکم ربیبه را خواهد داشت و محرم او می شود، ولی در هر صورت از یکدیگر ارث نمی برند، و فرزندخواندگی این بچه برای او جایز نیست و باید واقعیت را طوری برایش بازگو کند که بر روان او اثر نگذارد، و جایز نیست اسم بچه را در شناسنامه خود ثبت کند.
Urdu Translation in Roman (Tarjuma):

Sawal: kya kisi ajnabi mard ki mani ko artificial insemination ke zariye kisi dusre ki biwi jiske shohar ki mani mein sperm na ho to uske rehm mein inject kiya jaskata hai?
is Amal se agar baccha paida hoga to uske maan baap kaun hain?

Jawab: agar koi aurat apne eggs aur kisi na mahram mard ke sperm ko artificial insemination ke zariye apne rehm mein inject karwati hai to khud ye amal jayez hai.
Lekin pehle ki sharton jaise sharmgah ko dekhne ya chune se parhez kiya jaye.
Is amal ke zariye jo baccha paida hoga wo aurat ka sharyi baccha kehlayega lehaza wo donon apas mein ek dusre se miras len ge
Usi tarah se sharyi taur par is bacche ka baap wo hai jis ne sperm donate kiya hai lehaza uska mahram hai aur donon ek dusre se miraas lenge.

Link for Farsi Fatwa :
https://www.sistani.org/persian/qa/01019/

[kadhim]

I recall that Ali Khamenai took a good deal of criticism when he came out with this opinion. But I think it’s largely well reasoned. (I think someone’s head just exploded reading this, hehe) This is a good fatwa. 

The other views that frown on artificial insemination seem to depend on either a reflexive precaution reaction, or invoking precedents of dubious relevance. For example, I’ve heard restrictions on non-mahram physical contact being invoked for this issue, when that’s clearly not what is going on.

My only partial criticism is that while it was bold in terms of the core of the ruling about permissibility of artificial insemination, it’s not quite bold enough in dealing with the side issues. Namely the impact on mahram relations and who is considered to have a parental relationship to the child. 

I’ve said it before and I’ll say it again. The marjaiyyah need to creatively reevaluate the lesson of the precedent of milk mothers. I think to date it’s been too literal and reductionist, focusing on the mechanics of the milk feeding specifically. 
As opposed to inferring a more comprehensive principle.

Namely: acts of parenting over a period of time establish sharii relationships of parenthood. 

This could be applied to the husband of the wife who gets the artificial insemination treatment in relation to the child. 
It could be applied to the case of both guardians in the case of adoption in relation to the child. 

The child should be told the truth (when they are old enough) of their biological roots. And somewhere the biological parenthood should be kept track of for public health purposes and in case the child wants to find their roots later on. 

But it’s really time for our scholars to acknowledge the reality that parenthood doesn’t have to be biological to be legit. 

[Hameedeh]

This is a very serious topic that has been discussed before. No jokes allowed. 

[Ashvazdanghe]

On 4/20/2023 at 11:46 PM, kadhim said:

But it’s really time for our scholars to acknowledge the reality that parenthood doesn’t have to be biological to be legit. 

Salam without joke it's a proven matter it's driven from holy Quran & tradition of prophet Muhammad (pbu) about Zayd b. Haritha stepson  of prophet Muhammad (pbu) which calling him as Zayd b. Muhammad has been prohibited according to holy Quran in order to nullify a tradition of ignorance era which stepsons have been inheriting from thier godfather which also godfather couldn't marry with wife of his stepson which both ignorance era traditions have been cancleled  which  Islam so therefore any Marja don't deny legitimacy of adoption a child by non biological parents & forming a strong parenthood realtionship between them likewise biological parents & children but on the other hand there are exceptions in cases of inheritance & marriage.

Quote

Haritha, Zayd's father, told him: "Son! Do you prefer slavery to freedom and do you leave your father alone?" Zayd replied: "Since when I saw Muhammad (s), I never preferred anybody else to him". When the Prophet (s) heard this, he said: "Zayd is my son, he inherits from me and I inherit from him". Since then he was called "Zayd b. Muhammad" until Quranic verses (33: 4-5) prohibited people from calling stepchildren by the name of their stepfathers:

“	Allah has not made your adopted sons your sons. Such is (only) your (manner of) speech by your mouths. But Allah tells (you) the truth, and he shows the (right) way (4) Call them by (the names of) their fathers: that is juster in the sight of Allah. But if you know not their father's (names, call them) your brothers in faith, or your friends.	”
— Quran, 33:4

 

Quote

Muhammad is not the father of any of your men, but he is the Apostle of Allah and the Last of the prophets; and Allah is cognizant of all things. (40)

https://tanzil.net/#trans/en.shakir/33:40

 

Quote

The meaning of this verse is that Muhammad is not the father of any of these men who are your men, as long as his marriage with the wife of one of them, after separation,would be  the marriage with the wife of his child, and Zaid bin Haritha is also one of these men of yours. Therefore, the marriage of the Messenger of Allah((صلى الله عليه وآله وسلم)) with his wife, after he divorced his wife, is not marriage with his son's wife. However, the fact that he called him his own son, the purpose of this adopting son was only to express his love towards "Zayd" and there is no trace of the works of father and son. Because Allah does not consider your adopted son as your child.
This verse does not imply that the Prophet ((صلى الله عليه وآله وسلم)) will not be the father of any man forever; Because Tahir, Qasim and Ibrahim were among the sons of the Holy Prophet ((صلى الله عليه وآله وسلم)) who died before the death of the Holy Prophet ((صلى الله عليه وآله وسلم)), and there is no contradiction that Hassan and Hossein (عليه السلام) are considered to be the sons of the Prophet ((صلى الله عليه وآله وسلم)) as evidenced by the hadith[1]. The Holy Prophet ((صلى الله عليه وآله وسلم)) considered them as his sons: «و ابناى هذان امامان قاما او قعدا»؛[2] These my two sons are Imams whether they are sitting or standing.
This verse is the last word that Allah utters in connection with the issue of the marriage of the Prophet ((صلى الله عليه وآله وسلم)) with the "divorced wife of Zayd" in order to break a false Jahili tradition, and it is a short and concise answer as the last answer, and at the same time the truth. Another important issue, which is the issue of finality of prophethood,has been expressed below it in a special proportion.

https://www.islamquest.net/fa/archive/fa25723

 

Quote

After Zaynab bt. Jahsh immigrated to Medina, the Prophet (s) proposed her for Zayd. Before the proposal, Zaynab thought that the Prophet (s) wanted to propose the marriage for himself. Once she learned that he proposed her for Zayd, she rejected the proposal, but after the Prophet's (s) insistence, she consented to the marriage. However, there were always conflicts between Zayd and Zaynab. Zayd complained to the Prophet (s) that Zaynab was bad-tempered. The Prophet (s) asked him to be patient, until they divorced by the divine command in 5/626.

https://en.wikishia.net/view/Zayd_b._Haritha

 

[kadhim]

6 hours ago, Ashvazdanghe said:

Salam without joke it's a proven matter it's driven from holy Quran & tradition of prophet Muhammad (pbu) about Zayd b. Haritha stepson  of prophet Muhammad (pbu) which calling him as Zayd b. Muhammad has been prohibited according to holy Quran in order to nullify a tradition of ignorance era which stepsons have been inheriting from thier godfather which also godfather couldn't marry with wife of his stepson which both ignorance era traditions have been cancleled  which  Islam so therefore any Marja don't deny legitimacy of adoption a child by non biological parents & forming a strong parenthood realtionship between them likewise biological parents & children but on the other hand there are exceptions in cases of inheritance & marriage.

I created a thread about this some months ago. 

When we look at the story of Zayd with a little care, it is not really a relevant or compelling precedent to the subject of adoption in general. It describes a totally different scenario, a totally different cultural type of “adoption.” 

Zayd wasn’t adopted by Muhammad in the usual sense of a young child raised in his household. Muhammad came to know Zayd (b. 581 CE) when Zayd was already an adult, in his mid teens, when Muhammad married Khadijah (595 CE) Muhammad was only 11 years older than Zayd. The “adoption” that took place later on, when Zayd was in his 20s (I believe) just a social-legal declaration making him an heir. 

Taking this story as a precedent for modern adoption practices is just weak reasoning. 

Edited April 27, 2023 by kadhim

[Ashvazdanghe]

On 4/27/2023 at 3:53 PM, kadhim said:

Zayd wasn’t adopted by Muhammad in the usual sense of a young child raised in his household. Muhammad came to know Zayd (b. 581 CE) when Zayd was already an adult, in his mid teens, when Muhammad married Khadijah (595 CE) Muhammad was only 11 years older than Zayd. The “adoption” that took place later on, when Zayd was in his 20s (I believe) just a social-legal declaration making him an heir.

Salam adoption a child can be done in any age from newborn baby into a mature adult which adopting Zayd as adult by your assumption doesn't invalidate the rulling which he only has not been Mahram to daughter of prophet Muhammad (pbu) because accoridng to Shia Islam being Mahram through breasfeeding only happens through breastfeeding of new born baby in opposition of Sunni procedure likewise wahabis who who believe that an adult man can become Mahram through breast feeding  .

in opposition to your viepoint Zayd (رضي الله عنه) has been adopted when he has been a young child .

Quote

Zayd was a young child at that time. Khadījah, the Noble Prophet’s (S) wife, went to visit Hakīm at his house one day. Hakīm said to her, “Beloved aunt, you are free to take any one of these boys to serve you.” Khadījah got Zayd and brought him home.

When Allah’s Prophet (S) saw Zayd, he requested Khadījah to give Zayd to him as a gift. Khadījah gave Zayd to the Noble Prophet (S) who set him free for the sake and good pleasure of Allah. This event took place long before the prophetic mission began.

https://www.al-islam.org/exemplary-youths-during-early-days-islam-muhammad-ali-chenarani/zayd-ibn-hārithah-youth-who-never

 He was 8 years old when Hakim b. Hazam purchased him for Lady Khadija (a) in a slave market near Mecca

Quote

There is no accurate information about his date of birth. During the period of jahiliyya (or the pre-Islamic days of Arabs), Zayd visited the Banu Ma'n tribe with his mother. The tribe was then attacked by its enemy, and Zayd was captivated. He was 8 years old when Hakim b. Hazam purchased him for Lady Khadija (a) in a slave market near Mecca

https://en.wikishia.net/view/Zayd_b._Haritha

[kadhim]

On 4/29/2023 at 3:23 AM, Ashvazdanghe said:

in opposition to your viepoint Zayd (رضي الله عنه) has been adopted when he has been a young child .

He wasn’t “adopted” at that point.

He was purchased, AS A SLAVE.

Two of your own quotes say this a bit farther down. 

Edited May 1, 2023 by Hameedeh
Off-topic was removed

[Ashvazdanghe]

On 4/29/2023 at 7:24 AM, kadhim said:

He wasn’t “adopted” at that point.

He was purchased, AS A SLAVE.

Two of your own quotes say this a bit farther down. 

Salam when he has given to prophet (pbu) by lady Khadija (sa) he still has been a young child which prophet Muhammad (pbu) immediately released him & adopted him as his step child when still he has been a young child which everyone havs calling Zayd (رضي الله عنه) as son of prophet (pbu) based on tradition of Jahiliya which when he became a mature adult about matter of marriage of prophet (pbu) with his ex-wife  the famous revelation has been revealed  to cancel tradition of Jahilya era for considering stepson equivalent to bioligacal  son which during jahilya people couldn't marry with ex-wife of their stepson  which it has been canceled by Islam also it has been ordered that people call stepson with name of their biological father not their godfather.

I apologize for distrubing @kadhim 

Edited May 1, 2023 by Hameedeh
Off-topic was removed

[Ashvazdanghe]

On 4/29/2023 at 7:24 AM, kadhim said:

Two of your own quotes say this a bit farther down. 

Adoption is always adoption in any age whther you adopt a newborn baby or a matur adult  person.

You typically use this such of sarcasm when you can't refute a logical & strong respons which your idea is totally against Islam which is about reviving tradition of Jahilya era after canelling it by Allah & prophet Muhammad (pbu)

Edited May 1, 2023 by ShiaChat Mod

[kadhim]

5 hours ago, Ashvazdanghe said:

Salam when he has given to prophet (pbu) by lady Khadija (sa) he still has been a young child

Nope. 
He was bought for Khadijah when he was a child.

When he was given to Muhammad as a wedding gift by Khadijah, Zayd was already a baligh adult of marriageable age himself. 

Edited April 30, 2023 by kadhim

[Ashvazdanghe]

On 4/30/2023 at 4:48 PM, kadhim said:

When he was given to Muhammad as a wedding gift by Khadijah, Zayd was already a baligh adult of marriageable age himself

Salam it doesn't change the matter whther he adopted as a child or a mature adult which in any case of adoption ; stepchild doesn't inherit from godfather also  god father can marry with ex-wife of his stepson after passing her iddah period  but he can't marry with ex-wife of his biological child in any case because marriage with ex-wife of biological son with father of son is forbidden according to Islam   .

[kadhim]

6 hours ago, Ashvazdanghe said:

Salam it doesn't change the matter whther he adopted as a child or a mature adult

It certainly makes a difference if you want to credibly use it as a precedent for how you handle adoption of young kids. Basing a ruling off a precedent that covers an entirely different scenario doesn’t make any sense. 

[Guest Ivf egg donating]

Salam,

 

can you please help me with this issue? I also need fatwa or reference so i can prove this.

 

in shia islam is egg donation allowed? 
my sister can not concive  and i can be a donor. My eggs will be fertilized with the sperm of her husband and put back in her womb. Is this allowed? Please help me my husband says if shia islam allows this you can donate. I need some books references or fatwas where i can show him.

[ireallywannaknow]

5 hours ago, Guest Ivf egg donating said:

Salam,

 

can you please help me with this issue? I also need fatwa or reference so i can prove this.

 

in shia islam is egg donation allowed? 
my sister can not concive  and i can be a donor. My eggs will be fertilized with the sperm of her husband and put back in her womb. Is this allowed? Please help me my husband says if shia islam allows this you can donate. I need some books references or fatwas where i can show him.

You can find the answer here, I tried to copy and paste but it messed up but plz visit the link. 

 http://www.askthesheikh.com/what-are-the-rules-of-surrogacy-in-islam/

Edited July 17, 2023 by ireallywannaknow

[Diaz]

6 hours ago, Guest Ivf egg donating said:

Salam,

 

can you please help me with this issue? I also need fatwa or reference so i can prove this.

 

in shia islam is egg donation allowed? 
my sister can not concive  and i can be a donor. My eggs will be fertilized with the sperm of her husband and put back in her womb. Is this allowed? Please help me my husband says if shia islam allows this you can donate. I need some books references or fatwas where i can show him.

Wa ailakum al Salam, it’s better if you ask a well knowledgeable sheikh regarding this instead of us because some will give you answers from here and there.

[Ashvazdanghe]

On 7/17/2023 at 7:42 AM, Guest Ivf egg donating said:

Salam,

can you please help me with this issue? I also need fatwa or reference so i can prove this.

in shia islam is egg donation allowed? 
my sister can not concive  and i can be a donor. My eggs will be fertilized with the sperm of her husband and put back in her womb. Is this allowed? Please help me my husband says if shia islam allows this you can donate. I need some books references or fatwas where i can show him.

Salam it must be done through Halal ways which sperm of her husband must be artificially inseminated his sperm with the egg of a stranger woman also because marriage of two sisters with one man at same time is forbidden in Shia Islam so therfore at first he must divorces his wife so then marries with you so then inseminates his sperm with your egg so then divorces you  so then remarries with his wife again anyway you must ask for more detail from office of your Marja .

According to the opinion of Ayatollah Khamenei

Quote

  If a man, his wife does not have the ability to ovulate, it is permissible to artificially inseminate his sperm with the egg of a stranger woman outside the womb and then transfer the fertilized sperm into the womb of his wife, provided that the forbidden preparations are avoided, and the child who The way to be born is connected to the owner of the sperm and egg, and it is difficult to connect it to the owner of the womb, therefore, caution should be observed regarding the Shariah rulings related to descending. Frequently asked questions, leader's  site.

 

Quote

Using a stranger woman's ovum for fertilization despite the wife's weak ovum

Q99. A woman's eggs are weak, and therefore she gives birth to malformed children. Is it permissible to fertilize the egg of the second woman in the laboratory with the sperm of the husband of the first woman and then transfer the embryo to the uterus of the first woman?
J. There is no prohibition in itself.
Use of donated eggs

Question 2: If a woman has a problem conceiving after marriage due to lack of ovulation, is it permissible to use another woman's ovulation to perform fertilization with her husband's sperm outside the womb, and then the fertilized sperm is transferred to that woman's womb? be done If a child is born in this way, whose child is considered?

Answer: If the preliminaries of haram, such as haram looking and touching, are avoided, there is no problem in itself, and if a child is born with this method, it is attached to the owner of the sperm and egg, and it is difficult to attach it to the woman who owns the uterus. Care must be taken with respect to the Shariah rulings related to Nasab, unless the owner of the womb breastfeeds the child after birth - with conditions - in this case, the rules of foster care apply between the child and the wife's husband and the woman's relatives.

Grand Ayatollah Sistani

Issue 528- Is it permissible to buy and sell female eggs?
Answer: It is permissible.

Issue 448- Sometimes, during surgery, one woman's egg is implanted into another woman. Is such an operation permissible, and if that woman becomes pregnant, which one will the child be?
Answer: By avoiding Haarm touching and looking , there is no obstacle to such an act, but who is the mother of the fetus? (owner of egg or sperm) there is two possibilities so therefore accoding to precautionary Wajib two sides of possibilities must be observed .

 

Issue 368- Is sperm culture permissible, meaning that the female egg and male sperm are transferred and the egg is implanted outside the uterus and then placed inside the body?!
Answer: This work is permissible in its nature.

https://hadana.ir/حکم-شرعی-اهدای-تخمک/

Quote

Jurisprudential inquiries: 163 inquiries from Hazrat Ayat Ali Khamenei

   question:
   In cases where a man is unable to produce sperm for some reason, can the sperm donated by a stranger (unknown or known) be used to mix with his wife's egg in the laboratory, and then transfer the formed embryo to the patient's uterus until after implantation Carrying the baby should be kept by the patient and his wife.

   Response:
   In itself, there is no obstacle without committing Haram, and the ruling on birth was also stated.

   question:
   Regarding the above question, is it possible that the donated sperm was not mixed with the egg of the patient's wife in the laboratory, but was directly inoculated into the uterus of the patient's wife so that the embryo was formed there?

   Response:
   There is no problem in itself, and in this case, assuming that the patient's wife is the origin of the child, the child is attached to her.

https://goums.ac.ir/content/3578/163-استفتاء-از-حضرت-آیـﺔ-ا...-العظمی-سید-علی-خامنه-ای-_YW_PAR_OPEN_مدظله-العالی_YW_PAR_CLOSE_

[Ashvazdanghe]

A man and woman may be forbidden from marrying for several reasons:

1. Blood relationship (qaraba). A man may not marry the following women: (a) His mother or any of his grandmothers; (b) His daughter or granddaughters, no matter how far removed; (c) His sister; (d) His nieces, his aunts, or his great aunts.
2. Relationship by marriage (musahara). A man may not marry: (a) The mother or grandmothers of his wife; (b) The daughter, granddaughter, etc., of a wife with whom his marriage has been consummated; (c) The ex-wife of his son, grandson, etc.; (d) The ex-wife of his father, grandfather, etc.
3. There are certain women whom a man may marry singly, but not at the same time. These are (a) two sisters, and (b) a woman and the sister of her mother or father. In the second case, the Shi’a take exception to the four Sunni schools by saying that if the aunt agrees to share her husband with her niece, the contract is valid.8

Quote

According to all the schools, the milk must have entered the infant’s stomach.

The Shi’a hold that the infant must have suckled at the breast of the foster mother. Hence, if the milk is placed in a container and fed to the child, the foster relationship is not established.20 The Sunni schools hold that the means of drinking the milk is irrelevant.

 

6- No one can marry two or more sisters at the same time. Therefore, if a man marries a woman, he cannot marry her sister until he divorces her, which, of course, in this case, the woman's sister is not a mahram sharia who is not required to observe hijab, but because of this, she is non-mahram.

Note: If a man gives his wife a retroactive divorce (a divorce in which the man can remarry the woman), because in this type of divorce, during the legal period (a period during which a woman must not marry after the divorce or the death of her husband), the woman is like It is assumed that a man's wife does not have the right to marry a woman's sister until the end of ``Iddah'', but in other divorces or temporary marriages, it is possible to marry a woman's sister during ``Iddah.''

7- It is forbidden to marry the nephew or niece of the wife without her permission. Therefore, if a man marries his nephew or niece without his wife's permission, this marriage will not be valid and true, but if he can get his wife's consent later, the previous marriage will be valid and there is no need to remarry. But if his wife finds out about the subject of the marriage and does not approve it, the marriage becomes invalid.

Note: If a man marries a woman, he can later marry with her maternal and paternal aunt and there is no need to announce the matter to his wife.

http://www.sadeghinia.ir/print.php?ToDo=ShowArticles&AID=23369

 

[Ashvazdanghe]

addendum for more information

Quote

question:
   If an embryo is transferred to the womb of another woman in the state of embryo or fleshy tissue, does the child belong to the first woman or the second, and based on the first assumption, is the second woman mahram in non-same-sex cases or not?

   Response:
   If it is transferred from one womb to another, it is attached to the owner of the first womb, otherwise it is attached to the owner of the second womb.

https://goums.ac.ir/content/3578/163-استفتاء-از-حضرت-آیـﺔ-ا...-العظمی-سید-علی-خامنه-ای-_YW_PAR_OPEN_مدظله-العالی_YW_PAR_CLOSE_

 

[Ashvazdanghe]

1 hour ago, Ashvazdanghe said:

but who is the mother of the fetus? (owner of egg or sperm) there is two possibilities so therefore accoding to precautionary Wajib two sides of possibilities must be observed .

Correction

but who is the mother of the fetus? (owner of egg or sperm)  exists in possibility so therefore accoding to precautionary Wajib both of them must  observe side of caution .

[Ashvazdanghe]

Egg donation for infertile couples has different cases.

1- Insemination of the sperm of the husband and wife outside the woman's womb and then placing it in the same woman's womb.

2- Insemination of the sperm of a husband and wife outside the woman's womb and placing it in the womb of another woman (whether she is without a husband or with a husband) (surrogacy).

3- Injecting sperm of a man (other than the husband) into the uterus of a married woman.

4- Injection of a woman's egg into the uterus of another woman (whether she has a husband or not)

5- Insemination of the sperm of a non-Mahram man and woman outside the womb and its insemination in the womb of a woman (whether she is without a husband or with a husband).

According to Ayatollah Khamenei, in all the cases mentioned, there is no problem if the preliminaries of these actions are not Haram. Haram elements such as Haram looking and touching and others should be avoided.

A child born in this way is attached to the owner of the sperm and egg, and it is difficult to attach it to the woman who is the owner of the uterus. One should be careful about the Sharia rulings related to parentage.

Footnotes

(1) According to Imam Khomeini (رضي الله عنه) and many other Marjas, it is not permissible to inseminate the sperm of a stranger man to a stranger woman, but it is permissible to inseminate the sperm of a husband and wife outside the womb and placing it in the womb of another woman (so-called surrogacy) will be  Okay .

(2)

Quote

پي‌نوشت‌ها‌: 1. مقام معظم رهبرى، رساله اجوبه الاستفتاءات ، س 1272و1274. 2. توضيح المسائل مراجع، ج‏2، ص: 655 احکام تلقيح ؛ آيت الله مکارم ،استفتاآت، ج3، س1443. آيت الله خويي، مسأله 43 ؛ آيت الله زنجاني ، سوال از دفتر ايشان . امام خمينى، تحريرالوسيله، ج 2، ص 621، مسئله 2 و 3؛ آيت اللَّه فاضل لنکرانى، استفتائات، ج 1، ص 602، سؤال 2105 و 2106؛ آيت اللَّه تبريزى، استفتائات، سؤال 2094؛ آيت اللَّه صافى، جامع الاحکام، ج 2، ص 51، س 1392.

https://www.eporsesh.com/content/اهدای-تخمک-برای-زوجین-نابارور-جایز-است-یا-خیر؟

[Syed_Rizvi]

On 4/19/2023 at 3:07 AM, Syed_Rizvi said:

Fatwas of Ayatullah Khameani & Ayatullah Sistani on IVF, Surrogacy & Artificial Insemination, and Sperm Donation Birth,  in Shia Islam.

(Information on the topic was not easily available.  I posted the Fatwas and their links on the above topic. Hope this will help the readers. It's for informational purposes) 

Detailed Explanation Video link (Urdu Language) : https://www.facebook.com/watch/?v=2504516472943202 

 

1) Fatwa of Ayatullah Khamenei on Birth through Sperm Donation (other than husband)

Q1267. Is it permissible for a woman, whose husband is sterile, to be artificially inseminated with sperm from a non-maḥram man (other than her husband), i.e., through placing the sperm in her womb?

A: In itself there is no legal impediment to inseminating a woman with the sperm of a non-maḥram man. However, it is obligatory to avoid the preliminary steps which are ḥarām, such as looking and touching. However, the born child in this way does not belong to the husband of the woman, rather to the person who donated the sperm and the woman whose egg and womb were used in the process.

https://www.leader.ir/en/book/23?sn=5721"&fbclid=IwAR1rwj9P_NRutsK807dwFu5NKVxR06PVn3qIoGRIZD4pMGipaiEMUjFrkno

 2) Fatwa of Ayatullah Sistani on Birth through Sperm Donation (other than husband) 

(Fatwa is not in English website link, its on Persian Link)

پرسش: گرفتن اسپرم از یک مرد غریبه و تلقیح آن با تخمک یک زن غریبه در ازمایشگاه و جنین حاصل شده را در رحم همسر من بکارند، آیا این کار جایز است؟

و بچه به کی ملحق خواهد بود و سایر احکام آن چیست؟
پاسخ: تلقیح مصنوعی تخمک و اسپرم زن و مرد نامحرم در محیط آزمایشگاهی و کاشت آن در رحم زوجه به خودی خود حرام نیست، ولی از این جهت که تلقیح مصنوعی غالبا همراه با کشف عورت یا لمس و نگاه به آن است حرام می شود، لذا در غیر حال ضرورت، مراجعه کننده مجاز به کشف عورت نیست.
و در هرحال چنانچه بچه متولد شود، انتساب او به زوجه یا اهدا کننده تخمک محل اشکال است، بنابراین ـ به احتیاط واجب ـ لازم است در مسأله ارث، بین آنها مصالحه صورت گیرد، و در مسأله محرمیت اهدا کننده تخمک باید احتیاط کند به این ترتیب که اگر فرزند پسر بود حجاب را رعایت کند و دخترانش با او ازدواج نکنند. و اما زوجه (زنی که جنین در رحم او کاشته شده) از جهت محرمیت مانند مادر بچه می باشد و لازم نیست از او حجاب بپوشد.
و از طرف دیگر این بچه فرزند شرعی اهدا کننده اسپرم محسوب می شود، ولی نسبتی با زوج (شوهر زنی که بچه در رحم او پرورش یافته) ندارد، مگر این که زوج با همسر خود همبستر شود که در این صورت نوزاد دختر، حکم ربیبه را خواهد داشت و محرم او می شود، ولی در هر صورت از یکدیگر ارث نمی برند، و فرزندخواندگی این بچه برای او جایز نیست و باید واقعیت را طوری برایش بازگو کند که بر روان او اثر نگذارد، و جایز نیست اسم بچه را در شناسنامه خود ثبت کند.
Urdu Translation in Roman (Tarjuma):

Sawal: kya kisi ajnabi mard ki mani ko artificial insemination ke zariye kisi dusre ki biwi jiske shohar ki mani mein sperm na ho to uske rehm mein inject kiya jaskata hai?
is Amal se agar baccha paida hoga to uske maan baap kaun hain?

Jawab: agar koi aurat apne eggs aur kisi na mahram mard ke sperm ko artificial insemination ke zariye apne rehm mein inject karwati hai to khud ye amal jayez hai.
Lekin pehle ki sharton jaise sharmgah ko dekhne ya chune se parhez kiya jaye.
Is amal ke zariye jo baccha paida hoga wo aurat ka sharyi baccha kehlayega lehaza wo donon apas mein ek dusre se miras len ge
Usi tarah se sharyi taur par is bacche ka baap wo hai jis ne sperm donate kiya hai lehaza uska mahram hai aur donon ek dusre se miraas lenge.

Link for Farsi Fatwa :
https://www.sistani.org/persian/qa/01019/

MY POST UPDATE:

Here is the explanation of the all 4 senarios as per Ayatullah Sistani in Urdu langauage  from the below youtube video :

This explanation picture is from the below Youtube Video explaining Ayatullah Sistani Fatwa:

[Abu Hassanain]

Salam

The irrelevant sub discretion at the third level about inseminating a woman with her light husband’s sperm that was frozen or the sperm of a celebrity scholar or a person a random person and how it affects inheritance safety if that person was dead a long time for a few months he’s also very interesting in discussion

[Abu Hassanain]

Salam

Salam

The second relevant discussion from the third level. It also comes up about this. It’s clone sperm cloning human head transplant, where inheritance are rules fall when you transplant a human head from one body to another brain transplant and one teacher was discussing brain wave transplant, or electromagnetic transfer or the possibility of transferring the soul at the moment of death to a clone body, etc..
 

Whether the clone would be an exact copy or obviously, the conclusion is a clone of someone who have a different soul

wallahu Alam