188 Selected Reform Responsa

THE TRANSPLANTED OVUM 1978

QUESTION: The gynecological procedure involved in the question is as follows: A fertilized ovum will be removed from a woman’s womb and inserted into the womb of another woman, who will then bear the baby for the full term of months and is expected to give birth to a normal child. The question is, will this baby be considered to be the child of the donor of the fertilized ovum or of the woman who carried it in her womb for full term and gave birth to it?(Asked by Rabbi Harold L. Robinson, Hyannis , Massachusetts .)

ANSWER: It is not quite clear whether the procedure described has already been practiced a considerable number of times or whether it is just contemplated and is for the present theoretical. Even if it is only theoretical, it is an interesting and important question because it may become practical(if actually feasible); then, as the practice becomes widespread, it will certainly find strong echoes in the Jewish legal literature. What. then, is(or would be) the halachic attitude to this procedure of transplanting a fertilized ovum from one woman’s womb to anothers?

As far as I know, there has not been the slightest mention of such a procedure in the Halachic literature. If the practice becomes known, the earliest mention of it will very likely be in the medical-legal symposia conducted in Israel these days and published under the imprint Assia. When the matter is discussed, it is fairly clear that the basic question will be that which is asked here, namely, what is the parentage of the child. It is also clear on what basis the discussion will begin and proceed.

The foundation for this forthcoming halachic discussion on ovum transplants will be the already well-known practice of artificial insemination, which, although also fairly new, has been widespread enough to find considerable discussion in the halachic literature.

As for this debate on artificial insemination, like all such halachic debates, it is based upon the Talmud . The Talmud (Hag. 14b-15a) discusses a question based upon the biblical verse in Leviticus 21:13-14, which states that the High Priest may marry only a virgin. The Talmud