Egg donation

There is a fundamental distinction between paternity and maternity. While paternity is based on the genetic and only on the genetic function, maternity normally has two functions:

I. A genetic function – ovulating the oocyte.

II. A physiologic function – nine months of pregnancy and the parturition.

The new technology of IVF and ovum donation or surrogacy, made it possible to break up and to divide these two functions between two women.

The donation of an oocyte raises some problems:

The fundamental problem is that of establishing who, according to halacha, is the mother. Is it the genetic mother or the nutritional physiological (surrogate) mother? Or, perhaps, there is no legal mother in such cases. Or, perhaps, both are considered to be legal mothers.

Also, Among present day halachists, too, there is a bitter controversy. Some tends to regard the genetic mother as the only legal mother for all intents and purposes, but most Jewish scholars tend to accept the physiologic mother as the only legal mother {Rabbi E. Waldenberg, Tzitz Eli’ezer, 20, 49; R. Y. Sh. Elyashiv, in Nishmat Avraham 4, (Even Haezer), 2, 2; R. Z. N. Goldberg, “Fetal Implant,” Techumim 5 (1984), pp. 248-259; 269-274; R. A. Kilav, “Test-tube Babies,” ibid. pp. 260-267; R. Y. M. Ben-Meir, “In-Vitro Fertilization: the Legal Relationships of the Embryo and the Surrogate Mother,” Assia 41 (1986), pp.25-40}.

This creates serious problems, especially if the genetic mother and host mother are of different religions.

Consequently, such a procedure is not recommended Halachically. Nevertheless, if such a procedure is done anyway, a conversion procedure (Giyur) for the baby should be done.

It is Giyur Le'Chumrah as there are different opinions concerning the status of the baby.

It follows that according to the Jewish Law these offspring should be informed (upon sufficient maturity) by their parents about their unique status.