We should look at the halakhic view of artificial insemination with a mixture of sperm as is common practice. The majority of the traditional authorities consider such children legitimate(Nathanson, Sho-el Umeshiv, part 3, vol. 3,#132; Uziel, Mishpetei Uziel, Even Haezer,#19; Walkin, Zekan Aharon, Even Haezer 2,#97; Feinstein, Igerot Mosheh, Even Haezer,#10). Waldenberg (7zitz Eliezer, vol. 9, no. 51.4) considered such children to be mamzerim. Additional discussion of the different authorities may be found in vol. 1 of Noam(1958). S.B. Frechof also considered them legitimate ("Artificial Insemination, " W. Jacob, American Reform Responsa,#157), but Guttmann was cautious(W. Jacob, American Reform Responsa,#158).
We would agree that there is no question about the legitimacy of such children, as long as the surrogate mother 1s not married. However, we realize that problems still exist in civil law in various states.
It is more difficult when we consider a married surrogate mother. Different factors are involved. On the positive side, we have the mitzvah of procreation to fulfill. Certainly, that mitzvah ought to be encouraged in every way possible. It is for this reason that both adoption and artificial insemination have been encouraged by traditional Judaism and Reform Judaism. In a period when the number of Jewish children has declined rather rapidly, we should do everything possible to make children available to families who wish to raise them.
Problems are raised by the marital status of both couples in civil law and halakha. Is this to be considered adulterous or not? Certainly, under normal circumstances sexual relations between a man and a married woman would be adulterous. The fact that the woman with whom the relationship is carried on has a husband who is willing to permit it makes no difference. In this instance however, insemination would be conducted artificially and no sexual penetration would occur. It would, therefore, not differ materially from circumstances under which artificial insemination with sperm from an unknown donor takes place. In that case, too, the donor may very well be married and certainly the woman recipient is married. This form of artificial insemination has been accepted by us(ibid.,#157-158), by Freehof, and with
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