ABSTRACT :The subject of citizenship of child surrogacy, which relies on modern technology, has not been given importance in most countries. In Iraq and most Islamic countries generally this type of giving birth and method is contrary to the principle of Sharia Law (Islamic Teachings) and hence not popular. As states that it is necessary that ethnicity is not mixed and maintained. Despite this, in reality the surrogacy does exist among societies that were previously also forbidden among them. However, in the countries that legally allows surrogacy has also faced legal issues to proof the child's identity and ethnicity.Despite of method of birth, the right to citizenship and identity is one of the rights of child as many international treaties and convention have emphasized. Therefore, it is important to find a method and mechanism to provide child with citizenship from their designated country in order for them to be entitled for the rights given to them in the country.