Defining Jewish views on assisted reproductive technology based solely on branches of
Judaism is problematic since there is substantial overlap in opinions and
moral authority.
Orthodox Judaism Within the
Orthodox Jewish community the concept is debated as there is little precedent in traditional Jewish legal textual sources. Non-legal sources such as
medrash and
aggadah provide stories that have been used to draw conclusions regarding assisted reproductive technology by modern Jewish
legal decisors. In general, traditional Judaism views medical intervention positively. Regarding assisted reproductive technology, the positive view of medicine is challenged by the Jewish religious legal system which has numerous laws regarding modesty and sexuality and a strong emphasis on verifiable lineage. In Orthodox Judaism, insemination with the husband's sperm is permissible if the wife cannot become pregnant in any other way. Doctors or laboratory workers present at the time of the fertility treatment are not considered supervisors due to a
conflict of interest and their pre-occupation with their work. As such, supervisory services are required for all treatments involving lab manipulation or
cryopreservation of sperm, ovum or embryos. While a range of views exist, both
egg donation and
surrogacy are permitted according to many Orthodox decisors, pending
religious fertility supervision. Those interested are recommended to contact their local Orthodox or Hasidic Rabbi, as these laws are obviously complicated, and as is customary.
Conservative Judaism The official
halachic legal authority for American
Conservative Judaism is the Rabbinical Assembly's
Committee on Jewish Law and Standards. They vote on proposed responsa. A responsa may be approved by either a majority or a minority vote, and individual Rabbis may rely on even minority-approved responsa for their rulings. Artificial insemination: AI is not typically allowed because it calls into question a variety of Jewish Laws regarding incest, adultery, and lineage. In fact, there are some Rabbis who work closely with fertilization clinics so that they can supervise all genetic material. The sperm donor is considered the father for purposes of determining the child's tribal status and for issues of ritual consanguinity, therefore, the use of anonymous donors is strongly discouraged. When it comes to adultery, there is the possibility that a man could have made multiple sperm donations. That leaves room for half-siblings to potentially meet and marry which would violate the Jewish incest laws. Lastly, you have the adultery claims. If a woman uses sperm from a man that is not her husband, some consider this to be adultery. Others, however, do not see this as an issue because both members of the couple consent to the use of third party sperm donation. Egg donation/Surrogacy: Surrogacy and egg donation are permissible and the birth mother, rather than the genetic mother, is considered the mother of the child, therefore conversion may be necessary if a non-Jewish woman acts as a gestational surrogate. A maximum of 3 embryos may be implanted at a time. Freezing and donation of embryos is permitted. The Conservative movement's position on "family purity" practices, reducing the amount of time after a woman's period during which she is prohibited to have sex, may also work as a pro-fertility measure. As part of its treatment of
Tohorat HaMishpahah, the Conservative Assembly in 2006 accepted a position of eliminating the requirement for seven white days after the cessation of menses and establishing this as an optional custom. This is offered as a solution for women dealing with ovulation before mikvah by reducing the number of days with sexual relations being forbidden from an average of 12 to 5. Mid-cycle staining during ovulation, while ordinarily would prevent sexual relations by being considered
zavah, is to be considered a result of ancillary circumstances (diet, medical treatment, physical exertion, or illness) and as such the emission is considered permissible, and the woman would not become a zavah. Drug therapies to avoid mid-cycle staining are deemed unnecessary with the risks of the drug side-effects outweighing the prohibition of zavah due to the commandment of
hai bahem, ("[you shall] live by them").
Other movements Reform Judaism has generally approved
artificial insemination by donor,
in-vitro fertilization and
surrogate motherhood. == See also ==