embryo adoption

1. According to many authorities, embryo adoption is an acceptable option, when needed (with the caveat of 2, below). Some authorities require knowledge of the genetic parents, to prevent the possibility of prohibited marriage between genetic siblings or close relatives.

2. There is a well-known controversy regarding egg donations and surrogate motherhood, whether maternity is determined by the woman who provides the egg or the woman who gives birth. This question is critical in determining the halachic status of the child if one woman is Jewish and the other is not. (See Encyclopedia of Jewish Medical Ethics, "In-Vetrio Fertilization," vol. II, pp. 577-580.)

This dispute is not completely resolved. If the egg comes from a non-Jewish woman, some authorities require conversion of the child. One must speak with his personal halachic authority on this issue.

3. When using sperm donation, there are two halachic reasons to possibly prefer non-Jewish sperm. One, to avoid the concern of mamzerus generated by adultery of another man's sperm. Two, to avoid the concern of mamzerus generated by the marriage of genetic close relatives. (See Encyclopedia of Jewish Medical Ethics, "Artificial Insemination," vol. I, pp. 63-67)

Regarding embryo donation, the first reason is less relevant, since the embryo has already been formed before implantation and the sperm is no longer existent. Thus, even some of the authorities who prohibit sperm donation with Jewish sperm allow implanting an embryo fertilized by Jewish sperm. The second reason remains, unless the identity is known.

Kol Tuv,
Meir Orlian