Asalaam Aleykum wa rahmatullahi wa barakatuhu.
Please clarify the position of adoption in Islam,
Is surrogacy haram in Islam?
Wa alaikum as salaam wa rehmatullahi wa barkatuhu
1.)Surrogacy is haram (prohibited) in Islam
Surah Al-Ahzab, Verse 4:
… وَمَا جَعَلَ أَدْعِيَاءَكُمْ أَبْنَاءَكُمْ ذَٰلِكُمْ قَوْلُكُم بِأَفْوَاهِكُمْ وَاللَّهُ يَقُولُ الْحَقَّ وَهُوَ يَهْدِي السَّبِيلَ
…NOR HAS HE MADE YOUR ADOPTED SONS YOUR SONS. Such is (only) your (manner of) speech by your mouths. But Allah tells (you) the Truth, and He shows the (right) Way.
(English – Yusuf Ali)
Surah Al-Ahzab, Verse 5:
ادْعُوهُمْ لِآبَائِهِمْ هُوَ أَقْسَطُ عِندَ اللَّهِ فَإِن لَّمْ تَعْلَمُوا آبَاءَهُمْ فَإِخْوَانُكُمْ فِي الدِّينِ وَمَوَالِيكُمْ وَلَيْسَ عَلَيْكُمْ جُنَاحٌ فِيمَا أَخْطَأْتُم بِهِ وَلَٰكِن مَّا تَعَمَّدَتْ قُلُوبُكُمْ وَكَانَ اللَّهُ غَفُورًا رَّحِيمًا
Call them (adopted sons) by (the names of) their fathers, that is more just with Allah. But if you know not their father’s (names, call them) your brothers in faith and Mawalikum (your freed slaves). And there is no sin on you if you make a mistake therein, except in regard to what your hearts deliberately intend. And Allah is Ever OftForgiving, Most Merciful.
(English – Mohsin Khan)
2.) A man may adopt someone but
(a)He(adopted) should not take the name of the adopter as his father.
(b)He(adopted) should not inherit any of the property of the adopter.
(c)He(adopted) is non maharam to all the women of adopter like his wife, daughters, sisters…
(d)He(adopted) should not take relatives of adopter as his relatives.
3.)It was narrated from Abu Dharr (may Allaah be pleased with him) that he heard the Prophet (peace and blessings of Allaah be upon him) say: “There is no man who knowingly calls himself after someone other than his father but he has committed kufr. Whoever claims to belong to people to whom he has no ties of blood, let him take his place in Hell.”
4.) If he(adopter) avoids above mentioned things from who he adopts there is nothing wrong with adoption. If ALLAAH decrees something impermissible in any matter He ( The Blessed) also permits something in that same matter.
ALLAAH knows best.