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Child status after sperm donation

Q:

Assalam o alaikum I need to know the ruling for a child born after sperm donation. I know, that it is not allowed in Islam in any case, but need to know the ruling, if it has already happened. Please note the husband is infertile and he tried everything medically but there are no sperms. So, they took a sperm donor, and baby is born after that. 1. What is the legal status of the child i.e does the child belong to sperm donor or the husband.? 2. Can husband give his name to the child and he will be considered as father? Please if you can write in detail. 3. Can the acting father inherits properties etc to this baby etc? 4. Can the husband then give the child his last name etc? One more thing, the husband has taken the donor from his real blood brother. And the reason he mentioned, because it will not disturb the inheritance etc. After reading the following link, I found that, the child will be attributed the husband even if he knows the sperm is not from him. I am attaching the source below. http://islamqa.org/hanafi/askimam/29187 If you can please shed some light to it. Many thanks

A:

Alaykum Salaam

The fatwa you have quoted is by a Hanafi scholar.

The view of the Shi'a Imami scholars is that:

As you rightly say, such an act is not allowed - only sperm from the husband can be used.

However, now that there is a child the following will apply:

1. The child belongs to the real father - in this case the uncle
2. He can be brought up by the husband (brother) as his own child with the permission of the real father.
3. Whatever surname he chooses to use, it is fine as long as the real father is aware of the arrangement - however, he cannot inherit from the husband, except if the husband gives him an allocation of one third of his estate at death, which he has control over.

Kind regards

Abbas Jaffer