Abortions
(ז) הַמַּפֶּלֶת לְיוֹם אַרְבָּעִים, אֵינָהּ חוֹשֶׁשֶׁת לְוָלָד. לְיוֹם אַרְבָּעִים וְאֶחָד, תֵּשֵׁב לְזָכָר וְלִנְקֵבָה וּלְנִדָּה. רַבִּי יִשְׁמָעֵאל אוֹמֵר, יוֹם אַרְבָּעִים וְאֶחָד, תֵּשֵׁב לְזָכָר וּלְנִדָּה. יוֹם שְׁמוֹנִים וְאֶחָד, תֵּשֵׁב לְזָכָר וְלִנְקֵבָה וּלְנִדָּה, שֶׁהַזָּכָר נִגְמָר לְאַרְבָּעִים וְאֶחָד, וְהַנְּקֵבָה לִשְׁמוֹנִים וְאֶחָד. וַחֲכָמִים אוֹמְרִים, אֶחָד בְּרִיַּת הַזָּכָר וְאֶחָד בְּרִיַּת הַנְּקֵבָה, זֶה וָזֶה לְאַרְבָּעִים וְאֶחָד:
(7) If she miscarries on the fortieth day [since her prior immersion], she need not be concerned that it was a fetus. If [she miscarries] on the forty-first day, she should sit [for the required number of days] for a male and for a female, and for [being] a niddah. Rabbi Yishmael says: on the forty-first day she should sit for [the required number of days for one who gives birth to] a male and for [being] a niddah. On the eighty-first day she should sit for a male and for a female and for [being] a niddah, because [the formation of] a male is completed in forty-one [days], and a female in eighty-one. And the Sages say: this and that [are both completed] in forty-one.
(ד) הָאִשָּׁה שֶׁהִיא יוֹצְאָה לֵהָרֵג, אֵין מַמְתִּינִין לָהּ עַד שֶׁתֵּלֵד. יָשְׁבָה עַל הַמַּשְׁבֵּר, מַמְתִּינִין לָהּ עַד שֶׁתֵּלֵד. הָאִשָּׁה שֶׁנֶּהֶרְגָה, נֶהֱנִין בִּשְׂעָרָהּ. בְּהֵמָה שֶׁנֶּהֶרְגָּה, אֲסוּרָה בַהֲנָיָה:
(4) If a woman is about to be executed, they do not wait for her until she gives birth. But if she had already sat on the birthstool, they wait for her until she gives birth. If a woman is executed, one may use her hair. If an animal has been executed, it is forbidden to make any use of it.
(ו) הָאִשָּׁה שֶׁהִיא מַקְשָׁה לֵילֵד, מְחַתְּכִין אֶת הַוָּלָד בְּמֵעֶיהָ וּמוֹצִיאִין אוֹתוֹ אֵבָרִים אֵבָרִים, מִפְּנֵי שֶׁחַיֶּיהָ קוֹדְמִין לְחַיָּיו. יָצָא רֻבּוֹ, אֵין נוֹגְעִין בּוֹ, שֶׁאֵין דּוֹחִין נֶפֶשׁ מִפְּנֵי נָפֶשׁ:
(6) A woman who was having trouble giving birth, they cut up the fetus inside her and take it out limb by limb, because her life comes before its life. If most of it had come out already they do not touch it because we do not push off one life for another.
Surrogacy
https://surrogate.com/about-surrogacy/types-of-surrogacy/traditional-vs-gestational-surrogacy-whats-best-for-my-family/
The main difference between gestational and traditional surrogacy is simple: in traditional surrogacy, the surrogate’s eggs are used, making her the biological mother of the child she carries; in gestational surrogacy, the surrogate has no biological link to the baby.
While this distinction may be simple, it has several implications that prospective intended parents should take into consideration when comparing traditional surrogacy vs. gestational surrogacy. If you are unsure which type of surrogacy is right for you, here are some of the primary differences between traditional and gestational surrogacy
- Egg Donor: In gestational surrogacy, an egg donor may be used to create the embryo the surrogate carries. Same-sex couples, single men, and heterosexual couples and women who cannot produce healthy eggs commonly require the assistance of an egg donor in gestational surrogacy. Egg donation is not required in traditional surrogacy because the surrogate uses her own eggs, essentially acting as both the egg donor and the carrier.
- Medical Procedures: Gestational and traditional surrogacy often involve different medical procedures. In gestational surrogacy, in vitro fertilization (IVF) is used to create an embryo using the intended mother’s (or donor’s) egg and intended father’s (or donor’s) sperm, which is then transferred to the surrogate. IVF can be used in traditional surrogacy as well, but more commonly, traditional surrogacy involves artificial insemination using intrauterine insemination (IUI). IUI is a simpler medical process that usually does not require the surrogate to undergo as many fertility treatments prior to the procedure. In addition, intended mothers do not need to take fertility medications or undergo the egg retrieval procedure in traditional surrogacy, as their eggs are never used in the traditional surrogacy process.
- Surrogacy Professional: Some surrogacy professionals specialize in either traditional or gestational surrogacy. Because of the legal and emotional complexities of traditional surrogacy, gestational surrogacy agencies are generally more common. Intended parents who choose traditional surrogacy may have fewer options when choosing a professional.
- Wait Time: Similarly, many surrogates prefer gestational surrogacy because it is less emotionally complicated. In traditional surrogacy, the surrogate is the biological mother of the child she carries, which can make it more difficult to relinquish the baby to the intended parents. Intended parents who choose traditional surrogacy may have more difficulty finding a willing surrogate, increasing their wait time.
- Legal Process: Laws are complicated no matter what kind of surrogacy a family chooses, but many states that allow gestational surrogacy do not allow traditional surrogacy. It is important to work closely with an attorney to understand your state’s surrogacy laws. In addition, the traditional surrogacy process often involves additional legal actions because of the surrogate mother’s biological connection to the child. Legal processes such as termination of parental rights and stepparent adoption proceedings may be necessary.
- Surrogacy Cost: Traditional surrogacy tends to be less expensive than gestational surrogacy, primarily because of differences in the medical process. IUI is much cheaper than IVF, and intended parents do not need to pay for egg donation or for fertility treatments for the intended mother because the surrogate uses her own eggs.
- Risk: While it is rare for any surrogate to challenge a surrogacy agreement in an effort to keep the child, traditional surrogacy does pose a greater legal risk than gestational surrogacy. In traditional surrogacy, the surrogate is the biological mother of the child, which means that if she bonds with the baby, she could potentially change her mind and decide she wants to parent the baby when it is born. The intended parents would then have to try to win custody in court, which could lead to a lengthy legal battle.
Whats the preference? Jewish or Non-Jewish Sperm?
Many rabbis have ruled that sperm donation should be done with non-Jewish sperm in order to avoid the possibility of incest if the child unknowingly marries a sibling years later.
“If you have a non-Jewish male and a Jewish female, the child, for purposes of Jewish law, has no father,” said Rabbi J. David Bleich, a scholar of Jewish medical ethics at Yeshiva University. Without a legally recognized father, the threat of incest under Jewish law is removed, according to Bleich.
Jewish men are prohibited from donating sperm to begin with, since by doing so they would violate traditional Jewish law’s ban on masturbation.
But even non-Jewish donors are not universally accepted. Many rabbinic authorities see any kind of artificial insemination from a donor as a form of adultery.
“It’s a violation of the marital relationship. You’re introducing a third party who is not the woman’s husband,” Bleich said. “If it’s not technically adultery, it’s quasi- adultery.”
Read more: https://forward.com/culture/204212/6-things-you-need-to-know-about-jewish-sperm/
Jewish or Non-Jewish surrogate mother?
Organ Donation