IN VITRO FERTILIZATION WITH COUSIN'S OVA Walter Jacob

QUESTION: A couple is unable to have children. The wife's first cousin had agreed to donate ova for in vitro fertilization with the husband's sperm. It will be subsequently implanted into the wife's womb. Is there a question of incest? (Rabbi H. Silver, West Hartford , CN)*

ANSWER: The question of artificial insemination has been dealt with in two responsa by Solomon B. Freehof and Alexander Guttman in 1952(W. Jacob, American Reform Responsa,#157, 158). There are, however, two substantial differences between the question raised here and these responsa. In that instance the sperm of a stranger was used to fertilize the ova of the wife; the situation here is reversed as the husband's sperm will be used and the ova will be that of another person. Secondly, in the previous responsa the donor was not known while here the ova of the cousin will be used. As the source of the ova is known, one of the traditional objections to artificial insemination is removed. Orthodox authorities fear that the youngster produced by such insemination might inadvertently marry incestuously. In this case, as he would know his ancestry, that could not occur.

Now we must ask whether it is possible to use the ova of the wife's first cousin. It is clear that in the days of bigamy or other forms of multiple marriage like concubinage, it was possible for a first cousin to marry the same husband. The details of concubinage are discussed in a separate responsum(W. Jacob, American Reform Responsa,# 133). Polygamy has, of course, been prohibited for Ashkenazic Jews since the decree of Rabenu Gershom in the eleventh century. If it were still permitted offsprings of such amarriage would be considered kasher. In this instance no marriage will take place; the ovum will be fertilized in vitro and then placed in the womb of the wife.

We must carefully consider some other potential problems,

161