Current Legal Issues
If, however, this was deliberately done and with intent, it is likely that the child be treated as the offspring of the owner of sperm. Thus, all rules regarding pedigree and inheritance apply. This is being so, for he who is exempt from inheritance is the offspring of an adulterous relationship. The child, the subject of this article, is not the same, albeit the act that led to conceiving his seed was haraam.
Most likely, the same rules apply to treating him as the offspring of the mother, even in the second case. As such, there will be no difference between him and his half brothers [from his mother].
Similarly, a woman placed the semen of her husband into the vagina of another woman by some means, such as clitorism (musahaqah). The woman became pregnant and gave birth to a child. In this case, the father of the child will be the one, whose semen was used, and the woman, who bore and gave birth to it, albeit the act that led to this situation was haraam.
Of course, the child does not inherit any parent who died before the insemination took place.
Although the answer could go either way, The one that carries more weight, though, is that the baby belongs to the first woman. As a matter of ihtiyat, though, the second opinion could also be acted upon.
Of course, it is not permissible for a stranger, other than the husband, to handle the process, if it required looking into or touching what is forbidden [of the womanís body]. The rules regarding the newly born bay by such means are the same as those that apply to the parentís other children.