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Comments on Does a surrogate mother affect the Jewish status of the child?

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Does a surrogate mother affect the Jewish status of the child?

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The child of a Jewish woman is a Jew. Is this status transmitted through birth or through parentage (genetics)? Specifically, if a Jewish woman acts as a surrogate for two non-Jews, what is the status of the child?

A surrogate provides a womb for a fertilized egg from another couple. Non-Jewish friends of mine had a child this way recently; the child is genetically theirs, with no genetic contribution from the (also non-Jewish) woman who carried it to term for them. It made me wonder what would have happened if the surrogate had been Jewish.

I assume that a Jewish woman would be advised to not get into this situation, but that doesn't mean it never happened.

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2 comment threads

Great question! This has definitely been discussed in Jewish medical ethics sources. I think I even r... (2 comments)
I have to check but I thought that the majority opinion is that everything follows the biologically b... (1 comment)
Great question! This has definitely been discussed in Jewish medical ethics sources. I think I even r...
MTL‭ wrote over 1 year ago

Great question! This has definitely been discussed in Jewish medical ethics sources. I think I even remember some of it! :p ...I will check my notes and see if I can find some solid references before starting to write a real answer. If you have any relatively modern JME book (Bleich, Tatz, Weiss...really any) there should be a chapter about surrogacy and halachic parenthood.

Monica Cellio‭ wrote over 1 year ago

MTL‭ did your notes have any solid references?