Journal of Islamic Law Research

Journal of Islamic Law Research

Conventional Regulations of Surrogate Child in relation to Succession and Maintenance

Type : Research Article

Authors
Abstract
There is a rule for every act in the holy religion of Islam. The issue of surrogacy and the affiliation of the surrogate child is among those matters whose rules must be determined. The present article focuses on the conventional rules regarding the surrogate child in relation to succession and maintenance. One of the questions addressed is whether the surrogate child shares in the estate after the demise of its father along with other heirs. The issue of the inheritance of the frozen embryo is also worthy of study due to its relation to the succession rights of surrogate children. Another important question is whether the embryo in the womb of the surrogate mother is entitled to maintenance. The present article attempts to provide well-founded responses to these and other related questions based on jurisprudential and legal principles as well as the juridical views of Muslim jurisprudents and legal doctrines.
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  • Received 06 December 2009
  • Revise 31 December 2009
  • Accepted 23 January 2010