Aslam

Praise be to Allah.We put this question

to Shaykh Muhammad ibn Saalih al-‘Uthaymeen (may Allaah preserve him),

who answered as follows:

Of course these are not his children.

Question: He knows

that the sperm did not come from him.

Answer: They are not

his children. Some scholars say that if a zaani claims his child as his

own, the child may be named after him, but this is not his child. He is

not like a zaani, because in the case of a zaani the sperm comes from him,

but this sperm did not come from this man. He has to disown these children

and give them to the government or do something with them (by putting them

in a place where they will be taken care of or giving them to a charitable

organization which will sponsor their upbringing).

Question: Shall

we tell him, you should not call them after yourself (give them your

name)?

Answer: Yes, (tell

him) to disown them, and give them to the government, or let them stay

with their mother, on the condition that they are not named after this

man.

Question: Does the hadeeth “the child is for the bed” apply in this

case?

Answer: No, it does not apply.

[ends]

We ask Allaah to keep us safe and sound. This is one of

the (crimes) which modern civilization has committed against people’s

lineages and honour, and one of the ways in which it has deceived people.

Social disasters of this sort are the expected result of the sins of

lying, forgery and deceit which this man has committed against his wife.

How could he have done this thing, which is forbidden by sharee’ah, and

which goes against the shar’i aims of protecting lineages and against

his own manhood? This is a particularly ugly way of cooperating in sin and

transgression and taking part in falsehood, on the part of the donor or

vendor of the sperm, and the criminal doctor who agreed to do the

operation. It is to Allaah that we complain when religion becomes a

stranger in people’s lives and the immoral enemies of Islam prevail. And

Allaah is the One Whose help we seek.