Harav, Dr. Halperin
I understand that at a recent conference, that it was announced that current halachic thinking, favors the egg donor as the halachic mother. I understand from our previous correspondence, that you have advocated that both the egg donor and birth mother should both be Jewish, and likewise the PUAH organization has followed this ruling. Other authorities considered the birth mother being Jewish was sufficient.
I would now like to check with you, the status of the birth mother. The Surrogacy legislation in Israel requires that the birth mother is Jewish. Is this still advocated for Jewish women seeking surrogacy abroad?
Do you still consider that both the birth mother and egg donor, need to be Jewish or now just the egg donor?
The major issue is obviously one of registration of egg donors.
Lecturer in law
Both HaRav Yosef Shalom Elyashiv and HaRav Shlomo Zalman Auerbach, and HaRav Ovadia Yosef tend towards the position that the Genetic mother is the parent, and yet rule that this is not a fuly determined status and so the gestational mother should also be considered a parent.
In other words – there is no change in the final Halachic ruling de-facto.
see in my book "Medicine Reality and Halacha" [Heb], section 24, chapters 17-18, pp. 294-295. Also see in the journal Assia vol. 99-100, p. 101-107, the article by Rav Arieh Katz on the lineage of a baby born from egg donation
ביתי בת 22 בהריון בחודש שלישי, היא חולה באפילפסיה ולוקחת כדורים למניעת התפרצות המחלה, לדברי הרופא היא חייבת לאכול (הוא הסכים אכילה לשיעורים) בצום יו"כ.