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Pakistan court gives its nod for test-tube babies, with riders

The Council of Islamic Ideology (CII) Pakistan in 2013 had declared human cloning and sex change operations as un-Islamic acts, while conditionally approving test-tube babies.

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The Federal Shariat Court (FSC) of Pakistan on Tuesday validated the use of test tubes for conceiving babies while laying down certain guidelines for the same, disobedience of which will attract punishment and be termed un-Islamic.

“In its 22-page decision, the court declared that if ‘the sperm has been obtained from the father and the egg from the mother and the same has been fertilised in the test tube through medical process and the embryo is then placed in the womb of the actual mother, the child would then belong to the actual mother and father,” reported Dawn

This process cannot be considered as illegal or against the injunctions of the Holy Quran and Sunnah, the written decision read.

“The court, giving reasons, said that the sperm and the egg belong to the actual father and mother. If the couple agrees to go through the prescribed medical procedure, then in that case no question can legally be raised with regard to the birth of the child. The child in such a case would by all means be legal and legitimate,” the report said. The court also made it clear that any other condition for obtaining a test-tube baby would be considered un-Islamic.

The FSC ordered punishments for any couple that arranges for a surrogate, the surrogate herself, as well as the doctor who maintains the sperm bank or egg bank, and those who carry out the surrogacy procedure. It also ordered that the licence of any doctor involved in the un-Islamic procedure of surrogacy should be cancelled. 

“The court has called for suggestions in this regard by August 15, 2017,” reported The Express Tribune. 

The Council of Islamic Ideology (CII) Pakistan in 2013 had declared human cloning and sex change operations as un-Islamic acts, while conditionally approving test-tube babies.

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