A Kuwaiti court has ordered the blocking of the paternity of children born through surrogacy, terming the practice a violation of public order and Islamic law. The ruling is a significant development in Kuwait’s stance on surrogacy, which remains a highly controversial issue in the region. The ruling comes after a legal dispute involving a Kuwaiti couple who had sought legal recognition for their children born through surrogacy arrangements.
The court stressed that surrogacy conflicts with the concept of family and parental rights that Islamic principles and local laws traditionally uphold. The judgment reaffirms Kuwait’s tough stance on reproductive technologies and the preservation of cultural and religious values. Though legal in some countries, surrogacy poses major legal and ethical barriers to its adoption in many parts of the Arab world.
Although the decision has raised questions over individual rights and medical practices, it reveals the deeper regional hesitation to embrace surrogacy as a legal procedure. The detractors of the ruling claim that it hampers the reproductive choices of couples who are struggling with infertility issues, whereas its proponents feel it is in tune with the moral and religious rules of the country.
This case has thrown to the forefront a complex interface between law, religion, and reproductive technologies in the Middle East. Other countries that have conservative legal frameworks can be expected to follow suit with such discussions.
