Surrogacy is a
new technology, and as such there is no halachic consensus on
this procedure. In addition, the different sects of Judaism differ
in their interpretation and allowance of surrogacy.
There are
orthodox rabbis who prohibit this practice due to issues of possible
adultery with the sperm of a man being implanted into a woman that
is not his wife. Others are more lenient since the Torah allows a
man to have more than one wife. Orthodox rabbis who permit this
procedure state that certain conditions must be adhered to so that
halachic requirements can be met. The surrogate mother must
be single, and unrelated to either spouse to make sure that there is
no question of adultery or incestual relations. As to the religious
status of the child, the questions that arise with ova donation are
present here. Since many orthodox rabbis concur that the surrogate
mother determines the religious status of the child, that offspring
would need to be converted if the surrogate is not Jewish. It is
strongly suggested that a rabbi's opinion be sought and discussed
with a couple if surrogacy is proposed.
Conservative
Jewish Rabbis generally permit surrogacy but maintain that if the
surrogate mother is not Jewish the child would need to undergo
conversion.
By and large,
Reform Jews allow a surrogate pregnancy, but may insist that the
eggs and sperm used are those of the couple concerned rather than
donated material from an anonymous source.
Conservative and Reform Rabbis differ in opinion from the
Orthodox point of view. Read more about the different
therapies and the Jewish Perspective of the major streams of
Judaism:
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