Jewish Surrogacy
Surrogate Steps understands the unique situation of Jewish Intended Parents who are concerned with Jewish law as it relates to surrogacy and the recognition of their future child’s Jewish heritage. We maintain a Jewish Surrogate database, which contains screened Jewish Surrogates and are here for you at every step of your journey.
Jewish Law Regarding Heritage of Child Born Through Surrogacy
If you’re Jewish and need a surrogate to grow your family, you’re likely concerned, or at least interested in, what Jewish Law says about surrogacy and what that means for your future child. Here, we’ll explore the various common and recognized viewpoints on surrogacy as it pertains to Jewish Law.
- Sephardic ViewSurrogate's Jewish Heritage
Pursuant to Orthodox Sephardic Rabbinical Law, Intended Parents of Jewish Heritage may grow their family through surrogacy by using the services of a Surrogate of Jewish Heritage, with the assurance that the resulting child will be acknowledged to be of Jewish heritage without the need for conversion.
- Ashkenaz ViewSurrogate's Jewish Heritage
Pursuant to the Orthodox Ashkenaz Rabbinical Jewish Law, the halachic mother in a situation of surrogacy is the birth mother. Thus a Jewish family growing their family through surrogacy requires a Jewish surrogate or must have their child go through a conversion.
- Sephardic ViewSurrogate's Marital Status
A Surrogate of Jewish Heritage may also be married to another person of Jewish Heritage pursuant to Jewish law, without any Jewish legal issues to the child born via the surrogacy arrangement.
Pursuant to this view, there is no issue of adultery or mamzer, due to the fact that the Surrogate achieved pregnancy by means of an embryo transfer and Assisted Reproduction Medical Technology, using a fertility clinic and Reproductive Endocrinologists and not any other unlawful Jewish acts such as adultery.(Shulchan Aruch 33; Assisted Reproduction in Jewish Law (fordham.edu)).
- Ashkenaz ViewSurrogate's Marital Status
Pursuant to the Orthodox Ashkenaz Rabbinical Jewish legal authority, Rabbi Zalman Nechemia Goldberg, a Surrogate of Jewish Heritage cannot be married pursuant to Jewish law to a man of Jewish Heritage, as doing so creates a mamzer issue for the surrogate child pursuant to the Ashkenaz view of Jewish law. Pursuant to this view, the Surrogate may be married so long as she is not married pursuant to Jewish law. (Liss, 2018).
- Exceptions (AKA Heter)
Regardless of Jewish legal authority, any Intended Parents or Intended Parents can seek a leniency from their own Jewish authority, Rabbi or Clergy. Also, various Jewish Denominations will have different views of surrogacy, Jewish Heritage, and whether the child born via surrogacy will require a conversion.
- The Bottom Line
As explained above, there are conflicting views between the Orthodox Sephardic Rabbinical Jewish legal authority and the Orthodox Ashkenaz Rabbinical Jewish legal authority.
Thus, in the majority of cases where the Intended Parents are following the Orthodox Sephardic Rabbinical Jewish legal authority on surrogacy and proceeded with a surrogacy arrangement where their Surrogate Mother was not of Jewish Heritage, then their Rabbi or Clergy may require that in order for their surrogate child to be recognized to be of Jewish Heritage, their child may need to undergo a minor conversion, to accommodate the tougher requirements of the Orthodox Ashkenaz Rabbinical Jewish legal view.
In cases where Intended Parents are following the Orthodox Ashkenaz Rabbinical Jewish legal authority on surrogacy and proceeded with a surrogacy arrangement where their Surrogate was not of Jewish Heritage, then their Rabbi or Clergy may require that in order for the surrogate child to be recognized to be of Jewish Heritage, the child will have to undergo a conversion.
Intended Parents have to consult with their own Rabbinical Jewish legal authority as to whether their child, via surrogacy, will be allowed to undergo a Jewish conversion.
The Surrogacy Process for Jewish People
- The Consultation
- Sign Agency Agreement
- Pre-Matching (surrogate screening)
- The Match
- Clinic Medical Screening
- Final Agency Screening
- Legal Contracts & Escrow
- Establishing Pregnancy
- Getting Recognized as the Legal Parents
- The Birth of Your Child
