Federal Shariat Court (FSC) Tuesday declared that if a baby is born through mechanical/medical process where the sperm belongs to the actual father and the egg to the actual mother and the child is born by the actual mother, in that case the procedure would be legal and lawful.
In all other cases surrogacy procedure would be unlawful and against the injunctions of holy Quran and Sunnah, the court observed. A full bench of FSC, comprising of Chief Justice Riaz Ahmad Khan, Justice Allama Dr Fida Muhammad Khan and Justice Zahoor Ahmed Shahwani, in exercise of jurisdiction under Article 203-D of the Constitution of Islamic Republic of Pakistan examined a burning contemporary issue of surrogacy in the light of injunctions of Islam as laid down in the holy Quran and Sunnah of the Holy Prophet (PBUH).
The court directed for appropriate amendments in Section 2 of the Contract Act, 1872 and in Pakistan Penal Code. In Pakistan Penal Code (PPC) a suitable section of law be added regarding definition of surrogacy and the same be declared as an offence punishable with imprisonment as well as fine.
The court directed that amendments should also be made in the PPC to provide punishment for the couple who arranges a surrogate, surrogate and the doctor who maintains the sperm bank or egg bank and those who carry on the surrogacy procedure.
The court further directed that it must also be provided in the PPC that any doctor involved in the procedure of surrogacy shall loose his license. The required amendments should be made latest by August 15, 2017.—APP