Dear Rabbi Halperin The issue in short is as follows: A young couple, she: age 37, he: a bit older are married 2 years now. Due to very poor quality of her eggs she has not been able to conceive a child. She has tried various treatments as well as one time IVF, unsuccessfully. She was told that she only has a 5% chance with IVF and she feels that is too small a chance to go through all the process again after trying once and failing. They now have decided to have a child via a surrogate mother. The father is healthy and would supply the sperm, the egg would be obtained at an egg bank and a surrogate mother would be “hired” to carry the child to birth. The following questions need to be addressed and were presented to me: 1. What is halachicly the best approach? 2. Is a Jewish egg donor preferable to a non-jewish one? (The jewish egg bank available to them in the usa will not divulge the source of the donor while the non-jewish one will) 3. Since the surrogate mother carrying the child is not Jewish, the child will need a Giur, I imagine. When can this Giur be done? I would appreciate your input to this as soon as possible, as the couple, after making this decision are very anxious. I must give them real practical advice or a Psak. I am of course not qualified for this type of thing, but being the Rabbi they are close with and trust, it must go through me. Thank you very much in advance for your help.
1. There is no Heter for the husband, a Jewish man, to create a child with a non Jewish egg donor using a non-Jewish surrogate mother.
2. Did you have a chance to discuss this issue with R.Z.N Goldberg Shalita? All the best and Shabbat Shalom An answer to the second email question will follow.