Legitimacy of Surrogacy From Jurisprudential Viewpoints

Developments of medical science in the methods of reproduction technology cause some changes in human reproduction process. Accompany by the ability of using these methods in medical science, some new and complex issues have emerged in different field of sciences such as psychology, sociology, philosophy, jurisprudence and law, and it's necessary that the scholars of these sciences consider these issues and study the consequences of using this method and infer the best solution for these issues.Surrogacy is one of these methods that receive attention of most scholars and Jurists in the recent years. This article tries to explain the reasons of legality and illegality of this method and analyze the Islamic opinion about surrogacy. Surrogacy is using in deferent occasion, so finding single opinion for all the occasion is difficult or impossible. Therefore we must study every occasion separately and obtain a proper answer for each occasion.Because of inattention to this point in some previous research, they only have examined one method of using the surrogacy (gestational surrogacy) and also in some research they state one opinion for all kind of surrogacy.In this article by examination of all kind of surrogacy and derivation of all hidden issues, has been tried to declare the proper jurisprudential opinion for all methods of surrogacy.