The Federal Shariat Court (FSC) on Tuesday validated the option of using 'test tube baby' method for conceiving babies for those married couples who were having some medical complications, it has been learnt.
In its 22 page decision, the court declared that if "the sperm has been obtained from the father and the egg from the mother and the same has been fertilised in the test tube through medical process and the embryo is then placed in the womb of the actual mother, in that case the child would belong to the actual mother and father."
"This process cannot be considered as illegal or against the Injunctions of Holy Quran and Sunnah," it read.
Giving the reason, 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."
The court, however, made it clear that any other condition for obtaining a test tube baby would be considered un-Islamic.
"In all other cases where a woman is arranged as a surrogate mother against 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.
The court also directed the government to take action against those involved in anti-sharia practices in this regard. The judgement also directed the government to legislate on the issue by August 15, 2017.
