But the Health Ministry has initiated legislation for it and other reproductive issues.
Obstetrical and Gynaecological Society of Malaysia president Dr Mohamad Farouk Abdullah said the proposed legislation would likely be named Assisted Reproductive Technique Services Act.
"The working group has adequate representation from the Obstetrical and Gynaecological Society of Malaysia, Malaysian Pediatric Association, Islamic Medical Association of Malaysia and relevant societies.
"The drafting exercise is expected to be completed by 2012.
"We recognise that there will be differing views and not everyone will be happy with the final version.
"That's why the ministry is trying to get as many relevant bodies involved in preparing the draft."
The act will address issues such as surrogacy, sperm and egg banking, and sperm donation.
"The gist of what we're proposing is for sperm banking and other controversial fertility issues to be facilitated for people whose religion permits them.
"If your religion does not allow it, then don't do it," Dr Farouk said.
"A lot of it still comes down to people's perception. My opinion is also that not enough women are speaking up for their rights.
"Why can't wives say that they want a sperm donor if their husbands aren't able to produce sperm?
"After all, it's a clinical procedure; you are not sleeping with someone else.
"People are more than willing to shower an adopted child with love and care, although the child is not 100 per cent biologically theirs. So, why not accept a child who is 50 per cent biologically related to you?"
By definition, infertility is the inability to conceive after one year of regular sex. As of now, the infertility rate in Malaysia is about 15 per cent.
"We should have legislation and guidelines. Every developed country has them. As we move towards standardisation, we should look deeper into what we can and can't do."
Dr Farouk said the proposed act for fertility and reproductive issues was still in the consultation phase -- involving legal parties, religious groups, non-governmental organisations, physicians and government ministries.
KL Fertility and Gynaecology Centre consultant gynaecologist and fertility specialist Datuk Dr Prashant Nadkarni said the fear in legalising surrogacy was that "we may become a 'rent-a-womb' country".
"In some countries, the only way out for poor women is to be prostitutes or surrogates.
"We don't want Malaysia to be a haven for that."
Dr Prashant claimed that there were two places in Eastern Europe and India which were known to commercialise surrogacy.
"In some countries, paying money to carry someone's baby is common and it's become medical tourism.
"But the NGOs there are very angry because it's the marginalised women who were made to do this.
"My opinion is if there are no enforceable guidelines, commercial agents will get involved and it will be no different than any other business.
"That's the reason why we need to legislate properly and not discriminate against genuine cases.
"The main issue is identifying who the mother is. By law, the person who gives birth to the baby is the mother.
"If there is no legislation, the surrogate mother can turn around and refuse to hand the baby over to the commissioning couple."
Dr Prashant said it's difficult to make a blanket decision because of various religious views in society.
"For instance, Christians, Buddhists and Hindus believe that if the surrogacy is to bring life without causing harm to anyone, then it's okay. But in Islam and Catholicism, there should not be a third-party in a pregnancy.
"As it's been, and until the act is in force, physicians are supposed to follow guidelines set by the Malaysian Medical Council which mainly state: In a surrogate arrangement, a woman agrees to become pregnant and bear a child for another person/persons and to surrender it at birth."
