Surrogacy in Pakistan: a dire need for a legal framework

Abstract

Surrogacy is not a novel concept; its origin may be traced back to the time of the prophet Abraham, who is claimed to have participated in the practice. However, the concept's popularity has skyrocketed in recent years due to advances in medical methods and technology. These developments occurred at a time when infertility rates are at an all-time high. Surrogacy was a vital answer to the problem of infertility for those who were experiencing it. For some, surrogacy is the answer, yet for others, it is unethical, immoral, and unnatural. This diversity of view has led to a lack of regulation around the world, particularly in theocratic nations like Pakistan. This thesis examines the acceptability of surrogacy in Pakistan and its legal framework by shedding light on the existing legal situation surrounding surrogacy and the obstacles it encounters, which have resulted as a vacuum in Pakistan's legal frameworks. Certain theological arguments against and for surrogacy will also be studied and analyzed in depth as the Pakistan’s legal system is dependent on the acceptance under Islamic Injunctions. Due to its impact, several nations have embraced surrogacy through correct legislation, and it is time for Pakistan's legislation to clarify either the acceptance or rejection of surrogacy in order to stop the conflict.