ARTIFICIAL REPRODUCTION AND WHAT IT MEANS?
Artificial reproduction is the process where a life is created not by natural methods. This includes the use of assisted reproductive technology such as In-Vitro Fertilization (IVF), surrogacy, sperm/egg donation, storage of human eggs and sperm and etc. Such methods are usually being conducted in hospitals and fertility treatments.
In terms of the law governing artificial reproduction, presently there are no policies/civil laws addressing these issues in Malaysia.
However, a new law is in progress with the proposed Artificial Reproduction and Tissue Act which is in its final stage.
WHAT IS SURROGACY?
Surrogacy is where one becomes pregnant with the intention of handing over the child that she carries to someone else after giving birth.
There are two forms of surrogacy.
- In traditional surrogacy, the surrogate mother’s egg is used, making her the genetic mother.
- Meanwhile, in gestational surrogacy, the egg is provided by the intended mother or a donor and will be fertilized through IVF which will then be placed inside the surrogate mother. This means that the baby can be the biological child of the couple and not the surrogate mother. In Malaysia, commercial surrogacy (i.e. paying the mother for a fee) is illegal.
CONSEQUENCES AND THE LAW ON SURROGACY
There are chances that one may go through complications with fertility treatments and procedures; which are highly controversial and legally complex.
Some surrogates may even experience difficult emotional and psychological issues over letting the baby away.
Also, since there are no law governing in Malaysia, one may be worried about the legal complications, and the ethics of surrogacy since no surrogacy agreements or contracts have been tested in the Malaysian courts before.
ISLAMIC LAWS
In 2008, the National Council of Islamic Religious Affairs issued the fatwa opposing surrogacy. For Muslim couples, having a baby via surrogacy is the same as having a baby out of wedlock.
As such, no third party should intrude into the marital functions of sex and procreation, because marriage is a contract between the wife and husband during the span of their marriage.
This means that a third party donor is not allowed, whether he or she is providing sperm/eggs/embryos or a uterus. The use of a third party is tantamount to adultery.
