Q&A: Requesting Public Donations for a Surrogacy Process
Requesting Public Donations for a Surrogacy Process
Question
To Rabbi Michael Abraham
I would like to know what Jewish law thinks about surrogacy and requesting donations from the public for this purpose.
A) Is the very act of surrogacy for a large sum of money — 300,000 NIS, which was requested from the public — not an immoral act of “renting out” a womb, and in practice a kind of exploitation? Could that be contrary to Jewish law?
B) I heard that when a couple is interested in this, there is a need for a Jewish surrogate. Can one rely on a Torah- and commandment-observant family to choose a Jewish surrogate? Especially since someone who intends to donate does not want to embarrass the recipient by asking all kinds of questions. (Assuming surrogacy is indeed permitted according to Jewish law.)
C) To donate or not to donate (according to Jewish law or, alternatively, morality)?
*I wasn’t able to formulate a clear-cut answer from other questions
*I sent you a link privately
*I would be happy to hear your view regarding this kind of act.
With great appreciation,
Thank you in advance
Answer
A. I do not think there is anything immoral here, so long as the woman whose womb is involved is aware of the situation, the risks, and the process, and agrees to them of her own free will. Everything a person does is done for some interest, and that does not mean the person does not genuinely want it. A person goes to work because he needs money, so should we forbid employing people? A person puts himself at risk in extreme sports (and in regular sports too) because he likes risk. Should we forbid that as well? An adult may make decisions about himself. I am not familiar with the details of the process, but if they verify that the consent is given willingly, I do not see any moral problem with it.
B. Indeed, there are halakhic decisors who argue that if the surrogate is a non-Jew, the child must undergo conversion. I do not know what the Chief Rabbinate rules on this matter or what the legal procedure is in Israel. In my personal opinion, there is no real concern here, because in my view the egg provider is the mother. I discussed this at length in Column 514.
C. The question whether to donate depends on your own order of priorities.