October
27
 

Surrogacy and polygamy: a volatile mix

Every culture, it seems, has distinctive permutations of the conundrums of surrogate motherhood. A dispute from Pakistan illustrates the thorny issue of surrogacy in a Muslim society which allows polygamy.

A US-based Pakistani, Farooq Siddiqui, is suing to recover his 7-year-old daughter Fatima from the woman who gave birth to her, Farzana Naheed. The case has reached Pakistan’s Supreme Court.

At issue is whether Farzana is his wife or simply a surrogate mother. It appears that he married her after his first wife was unable to bear children.

Siddiqui claims that Farzana was only a surrogate mother who became pregnant through artificial insemination. She was responded to a newspaper advertisement in 2004 and agreed to bear his child in exchange for money. Farzana also signed an agreement that that she would not claim custody of the child.

Siddiqui’s view  is that this relationship was not a marriage. He says his first wife Yasmin had paid his second wife to have a child, and therefore should not be regarded as the mother.

Farzana counters that their relationship had been an arranged marriage. When the couple divorced, she retained custody of the child. A lower court civil judge agreed with her. He concluded that Farzana was the real mother and had been married to Siddiqui. He awarded custody to Farzana because, he said, the baby should not be deprived of a mother’s love and care.

Dr Aslam Khaki, an expert on Islamic jurisprudence, said “In my opinion, as for as the custody of child is concerned, surrogate mother has preference over the father because Qur’an points out and appreciates the three roles of a mother: That she bears the child in her womb, that she delivers the child with pain and that she breastfeeds the child for two years.”

The Surpreme Court will hear the matter on November 2. ~ Express Tribune, Oct 21



This article is published by Michael Cook and BioEdge.org under a Creative Commons licence. You may republish it or translate it free of charge with attribution for non-commercial purposes following these guidelines. If you teach at a university we ask that your department make a donation. Commercial media must contact us for permission and fees. Some articles on this site are published under different terms.

comments powered by Disqus
 

 Search BioEdge

 Subscribe to BioEdge newsletter
rss Subscribe to BioEdge RSS feed


 Recent Posts
Scientists slam consumer genetic test for same-sex attraction
20 Oct 2019
Health of LGBQ youth did not improve after Obergefell v Hodges: study
20 Oct 2019
Most Dutch paediatricians want euthanasia for kids: report
20 Oct 2019
Chlamydia a source of unexplained male infertility
20 Oct 2019
Ectogenesis keeps chugging along
20 Oct 2019

Home | About Us | Contact Us | Privacy Policy | rss RSS | Archive | Bookmark and Share | michael@bioedge.org

BioEdge - New Media Foundation Ltd © 2004 - 2019