A widow using a frozen embryo fertilized by her husband before his death
Fatwa No: 131999

Question

Asalamu Alikum, If a husband and wife go through IVF and they still have some embryo and the husband dies, what does she do with the remaining embryos? Can she place them in her uterus during or after her idah? Or they become non-mahram to each other? Jazakum Allah Khairan.

Answer

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

 

After carrying out in virto vertilization, it is an obligation to discard the remaining embryos and this is even more confirmed after the death of the husband because the marital bond comes to an end by the death of the husband so it is not permissible for the wife to put this fertilized egg (in her uterus) after the death of her husband whether or not her waiting period expired.

A Fatwa issued by Al-Azhar University reads: “If a husband dies, the marital relationship ends especially in regard to sexual intercourse between him and his wife. So, putting this embryo in her uterus is putting a strange being that is distinct from her, as she has become non-Mahram to her husband because she is permitted to remarry after the expiry of her waiting period…and even before the expiry of her waiting period, she is like a divorced woman who is divorced a major irrevocable divorce in the sense that any sexual intercourse between the two spouses is not permissible.

Allaah Knows best.

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