The issue on Surrogacy has been a much debatable one from the Shariah perspective since mid-1980s and is still being discussed. Shariah shows the Islamic way of life, where medicine plays an integral part. The Prophet Muhammad founded a medical tradition in relation to human beings in their totality in which the spiritual, the psychological, and the physical were considered from social milieu as well. Marriage being half of the religion, as described by the Prophet, children are also considered as great and blessed gift of Allah. On the other hand, Literal meaning of the word ‘surrogate’ is ‘substitute’ or ‘replacement’. A ‘surrogate mother’ is therefore a substitute or tentative mother who is willing to bear child for another woman. The idea and process of surrogate motherhood, where a woman acts as an incubator for another couple for payment or otherwise, is vehemently rejected and condemned by most of the modern Muslim scholars. This issue was first addressed at the seventh session of the Muslim World League’s Islamic Fiqh Council meeting in 1404 AH/1985 CE, wherein the following year, the Council permitted fertilisation of the zygote only among married couples but with certain conditions. The Council however retracted its earlier views on permitting surrogacy among co-wives of the same husband.1 Similarly, the Fiqh Council of the Organization of Islamic Conference (OIC) in 1986 concluded that surrogacy could be permissible only between married couples and under certain conditions. Many Muslim scholars consider it a form of unlawful sexual intercourse (zina). Others quote a large number of verses and traditions to show that such an act runs counter to the intention of the Lawgiver, and it also opposes the laws of nature determined by the Almighty. View of Islamic jurists (Fatwas) seems to be absolute regarding traditional surrogacy that it is strictly forbidden but when it comes to gestational surrogacy, (the embryo is actually created by using the ova and sperm of the commissioning couple), there is no absolute prohibition or permission under Shari’ah (Islamic Law). The paper argues that none of the arguments given by the modern scholars against the legal validity of surrogate motherhood are sound. The implication of the texts they quote is not what is intended by these scholars. In fact, there is nothing in the texts or even the writings of the jurists that opposes this process. There may also be arguments in Islamic legal literature that would encourage such a process. The paper also argues that surrogate motherhood may be declared valid with certain conditions. This paper attempts to build a self-contained argument vis-a-vis infertility and surrogacy from Sunni-Islamic perspectives, taking into account socio-cultural and psychological aspects of this issue. Conversely this paper contends that surrogacy and the process thereof does not fall under the definition of zinā, since the evidences given by these Islamic scholars–against the illegitimacy of child and surrogate parenthood–have no foundations in this juncture to declare the practice of surrogacy as adultery and the resulting baby as an illegitimate. This research paper discusses the validity of gestational surrogacy under shari’ah and recommends some measures to establish limits to avoid social disorders & anomalies in surrogate parenting that outweigh any of its expected benefits to the human society.