Surrogacy: A Commodification That Needs Legislative Attention

Abstract

Fatwa prohibits surrogacy agreements for the Muslims in Malaysia. The legal stand for non-Muslims is left in silence, whereas surrogacy raises issues concerning women and children that necessitate legal attention. Regulative measures are imminent to regulate issues arising in a surrogate arrangement. Malaysia has yet to report of any surrogacy cases. Thus, this article analyses decided cases from other countries that have gained international attention to synthesize issues arising in surrogacy arrangements. Based on the case study analysis, this article discourses areas that regulation should encroach specifically to safeguard the welfare and safety of women and children.

 Keywords: Surrogacy, Conundrum, Welfare, Fatwa.

eISSN: 2398-4287© 2020. The Authors. Published for AMER ABRA cE-Bsby e-International Publishing House, Ltd., UK. This is an open access article under the CC BYNC-ND license (http://creativecommons.org/licenses/by-nc-nd/4.0/). Peer–review under responsibility of AMER (Association of Malaysian Environment-Behaviour Researchers), ABRA (Association of Behavioural Researchers on Asians) and cE-Bs (Centre for Environment-Behaviour Studies), Faculty of Architecture, Planning & Surveying, Universiti Teknologi MARA, Malaysia.

DOI: https://doi.org/10.21834/ebpj.v5iSI3.2569