The Status Of Assisted Reproductive Technology Conceived-Child In Islamic Inheritance Law

Abstract

Abstract: The paper discussed the status and right of a child born through Assisted Reproductive Technology (ART) to inherit under Islamic Law. The types of ART such as artificial insemination, in-vitro fertilisation, sperm donor/ova bank and surrogacy have been examined to discover whether a child born through any of these processes has a legal right to inherit one or both supposed parents under Islamic Law. The paper adopted a doctrinal research method by conducting an in-depth analysis of primary and secondary legal research sources. The paper further examined and analysed the arguments of Muslim scholars on the topic, and it was discovered that the jurists are not unanimous as to whether the contributor of the ovum or the woman who carries the pregnancy and gives birth to the child is the birth mother under the surrogacy arrangement for child right to the inheritance. The writer’s primary finding is that where the semen and egg of a consented lawfully married couple are used to conduct the process, such a child is the legal child of that marriage and has full right to inherit both the parents. But where the third party is involved either by artificial insemination or through surrogacy or in-vitro fertilisation, the child is walad al-zina – (illegitimate child), who cannot inherit their father but will only inherit their mother and her relatives. The paper recommended that the practice of ART should be limited to only a legally married couple during their marriage to guarantee their children's inheritance.