SURROGACY AND LEGITIMACY OF THE CHILD

Abstract

Pakistan lacks legal framework to deal with issues related to surrogacy. Absence of legislation does not mean that surrogacy is not practiced. There is a need to analyse current framework, if any, to deal with surrogacy in Pakistan and suggest reforms. The Federal Shariat Court’s decision in Farooq Siddiqui v Mst. Farzana Naheed, [2017] PLD 78 is a milestone with regard to development of jurisprudence on surrogacy in Pakistan. Pakistan being an Islamic state has to keep into consideration Islamic law as well. In family law issues influence of Islamic law has been immense. This research paper studies surrogacy in Pakistani as well as Islamic law and suggests reforms. Comparative and doctrinal methods have been used and effort has been made to consult primary as well as secondary sources.