All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger.
The scholars agreed in a consensus that the child born out of Zina (fornication or adultery) is not traced back to the adulterer, but it should be traced back to the husband of the woman (if she was married) unless he (the husband of the adulteress) denies the tracing of the child to him by invoking the Curse of Allaah on his wife. However, the scholars differed into two opinions about the fornicator (single woman) if she gives birth out of fornication, whether the child is traced back to the fornicator (or adulterer) or to her; the majority of the scholars are of the view that the child should be traced back to his mother and not to the fornicator (or adulterer). However, some scholars are of the view that the child is traced back to the fornicator (or adulterer) if he requests that the child be traced to him; for more benefit on tracing back the child born out of Zina, please refer to Fataawa 83680 and 84788, and to Fatwa 83176 on the ruling of marrying a woman fornicator.