Our Rabbis taught: “There are three partners in a human, the Holy One, his father and his mother. His father supplies the semen of the white substance out of which are formed the child's bones, sinews, nails, the brain in his head and the white in his eye; his mother supplies the semen of the red substance out of which is formed his skin, flesh, hair, blood and the black of his eye; and the Holy One, gives him the spirit and the breath, beauty of features, eyesight, the power of hearing and the ability to speak and to walk, understanding and discernment.”
b. Nid. 31a.
b. Nid. 31a.
Around 2% of US pregnancies are the result of IVF, according to the Centers for Disease Control and Prevention (CDC).
In Vitro Fertilization Using a Couple's Own Ova and Sperm :
Halakhic authorities who have addressed the issue of in vitro fertilization have treated this issue as similar to artificial insemination. Many permit in vitro fertilization using a wife's egg and a husband's sperm. Central to it is the question of whether the husband violates the prohibition against "wasteful emission of seed," whether the couple can be sure that the embryo transferred to the woman in fact derives from their gametes (sperm and ova), and whether the husband fulfills the mitzvah of procreation.
Rabbi Ovadiah Yosef rules that IVF is permitted when it represents the only way for a couple to have children, and that the child is to be considered the parent's offspring in all regards.'
Halakhic authorities who have addressed the issue of in vitro fertilization have treated this issue as similar to artificial insemination. Many permit in vitro fertilization using a wife's egg and a husband's sperm. Central to it is the question of whether the husband violates the prohibition against "wasteful emission of seed," whether the couple can be sure that the embryo transferred to the woman in fact derives from their gametes (sperm and ova), and whether the husband fulfills the mitzvah of procreation.
Rabbi Ovadiah Yosef rules that IVF is permitted when it represents the only way for a couple to have children, and that the child is to be considered the parent's offspring in all regards.'
Prohibition of Spilling Seed
אלו שמנאפים ביד ומוציאים שכבת זרע לא די להם שאיסור גדול הוא אלא שהעושה זה בנדוי הוא יושב ועליהם נאמר ידיכם דמים מלאו וכאלו הרג הנפש:
Those who 'commit adultery' with their hand and thereby cause semen to be spilled it is not enough that this is a great prohibition, but one who does so should sit in excommunication and about them it is said "Their hands are full of blood" and it is as if they have killed a person.
שו"ת אגרות משה אבן העזר חלק א סימן עא
הוצאת זרע לבטלה שבכאן שהוא לצורך לישא אשה אין זה לבטלה ומותר .
Igrot Moshe Even HaEzer Part 1
Wasting Seed-however here there is need to deliver it to the wife, this is not to waste and is permitted.
Objections:
- Spilling seed
- Bleich objects to the possible destruction of embryos that might result if more are created than are to be transferred for implantation.
Responses:
- producing sperm for the purpose of reproduction does not violate any prohibition.
Couples are not required by Jewish law to utilize procedures such as IVF. Given the risks, burdens, and uncertainty involved, the use of reproductive technologies such as IVF is clearly not obligatory, and probably would be ill-advised in some cases.
Conclusion:
IVF is permissible for those who choose to utilize these procedures. For these couples, technical and other halakhic concerns are outweighed by the great good of a new human life, the addition to the harmony and joy of the family, and the contribution to the strengthening of the Jewish community and humanity.''
A child born as a result of IVF using a couple's sperm and egg is fully the parents' child in all respects, and causes the mitzvah of "be fruitful and multiply" to be fulfilled. (As long as the sperm and ova come from the partnered couple)
IVF is permissible for those who choose to utilize these procedures. For these couples, technical and other halakhic concerns are outweighed by the great good of a new human life, the addition to the harmony and joy of the family, and the contribution to the strengthening of the Jewish community and humanity.''
A child born as a result of IVF using a couple's sperm and egg is fully the parents' child in all respects, and causes the mitzvah of "be fruitful and multiply" to be fulfilled. (As long as the sperm and ova come from the partnered couple)
Preimplantation Genetic Testing
For those couples who desire to use IVF and preimplantation genetic testing to avoid having a child with a severe genetic disease, the procedure is certainly fully acceptable.
Genetic diagnosis and selective transfer of embryos is clearly no more problematic than prenatal diagnosis and abortion of a fetus affected with a severe genetic disease
For those couples who desire to use IVF and preimplantation genetic testing to avoid having a child with a severe genetic disease, the procedure is certainly fully acceptable.
Genetic diagnosis and selective transfer of embryos is clearly no more problematic than prenatal diagnosis and abortion of a fetus affected with a severe genetic disease
איצטריך מהו דתימ' הואיל וא"ר יצחק אשה מזרעת תחל' יולדת זכר איש מזריע תחלה יולדת נקבה אימא מדהאי זכר האי נמי זכר קמ"ל אימא שניהם הזריעו בבת אחת זו זכר וזה נקבה
Rabbi Yitzḥak says that the sex of a fetus is determined at the moment of conception, in that if the woman emits seed first she gives birth to a male, and if the man emits seed first she gives birth to a female...
Gender Selection
In some cases, a severe genetic disease may be linked to a sex chromosome, and so affect primarily children of only one gender, generally males.
In such situations, preimplantation sex selection of embryos would represent a form of testing for a severe genetic defect, and would be acceptable.
Rabbi Bleich observes that classical Rabbinic sources do not object to sex selection, and the Talmud provides advice on increasing the likelihood of a male birth.
(It is offensive to regard one gender as in general better than or preferable to the other, and it would be wrong to choose the gender of a child or take any other action on the basis of sexist views. Therefore, one should not choose the gender of the child unless it is for health reasons.)
In some cases, a severe genetic disease may be linked to a sex chromosome, and so affect primarily children of only one gender, generally males.
In such situations, preimplantation sex selection of embryos would represent a form of testing for a severe genetic defect, and would be acceptable.
Rabbi Bleich observes that classical Rabbinic sources do not object to sex selection, and the Talmud provides advice on increasing the likelihood of a male birth.
(It is offensive to regard one gender as in general better than or preferable to the other, and it would be wrong to choose the gender of a child or take any other action on the basis of sexist views. Therefore, one should not choose the gender of the child unless it is for health reasons.)
Embryos that are Not Transferred for Gestation
Creating extra embryos and freezing embryos, as currently practiced, would be halakhically acceptable. While the freezing of embryos is permissible, it poses problems as well, as will be seen below. If it becomes technically possible to freeze and thaw unfertilized ova, this would be preferable."
Other options for frozen or newly created embryos are more problematic (although not necessarily prohibited). These include: 1) thawing a frozen embryo without transferring it (or not transferring a newly created embryo), so that the embryo dies; 2) using the embryo for scientific research; and, 3) donating the embryo for use by another.
Some halakhic authorities have ruled that in vitro embryos, at least those that are not intended to be transferred, have no significant halakhic status, and may be discarded. Rabbi Hayyim David Halevi, for example, holds that "all ova that are fertilized in vitro do not have the legal status of an embryo; one does not violate the Sabbath on their behalf, and it is permissible to discard them if they were not chosen for transfer, since the law of abortion only applies to [an embryo] in the womb ... .In vitro, there is no prohibition whatsoever:'" Rabbi Mordechai Eliyahu, while somewhat less categorical, agrees: "Fertilized ova that have been designated for transfer to a woman's uterus should not be destroyed, since a live fetus will develop from them, but fertilized ova that have not been designated for transfer may be discarded."40
A non-Jewish ethicist has suggested that frozen embryos should not be destroyed; he argues that freezing the embryo indefinitely would be preferable, and could be defended either on grounds of respect for the embryo's status, or as a symbolic expression of respect for human life generally. 41 Such an approach would accord well with Jewish law and values. Nonetheless, it does not seem to be required halakhically. Thawing a frozen embryo in order to discard it would be halakhically permissible.
Creating extra embryos and freezing embryos, as currently practiced, would be halakhically acceptable. While the freezing of embryos is permissible, it poses problems as well, as will be seen below. If it becomes technically possible to freeze and thaw unfertilized ova, this would be preferable."
Other options for frozen or newly created embryos are more problematic (although not necessarily prohibited). These include: 1) thawing a frozen embryo without transferring it (or not transferring a newly created embryo), so that the embryo dies; 2) using the embryo for scientific research; and, 3) donating the embryo for use by another.
Some halakhic authorities have ruled that in vitro embryos, at least those that are not intended to be transferred, have no significant halakhic status, and may be discarded. Rabbi Hayyim David Halevi, for example, holds that "all ova that are fertilized in vitro do not have the legal status of an embryo; one does not violate the Sabbath on their behalf, and it is permissible to discard them if they were not chosen for transfer, since the law of abortion only applies to [an embryo] in the womb ... .In vitro, there is no prohibition whatsoever:'" Rabbi Mordechai Eliyahu, while somewhat less categorical, agrees: "Fertilized ova that have been designated for transfer to a woman's uterus should not be destroyed, since a live fetus will develop from them, but fertilized ova that have not been designated for transfer may be discarded."40
A non-Jewish ethicist has suggested that frozen embryos should not be destroyed; he argues that freezing the embryo indefinitely would be preferable, and could be defended either on grounds of respect for the embryo's status, or as a symbolic expression of respect for human life generally. 41 Such an approach would accord well with Jewish law and values. Nonetheless, it does not seem to be required halakhically. Thawing a frozen embryo in order to discard it would be halakhically permissible.
Donor Eggs
Who is the Mother?
The donor of the eggs could be seen as the genetic mother; the woman who is pregnant with and gives birth to the child could be seen as the gestational or birth mother; and the woman who raises the child could be seen as the social mother.
Based on the reasoning allowing a couple to use donor sperm or eggs in order to have a child, couples could use both donor sperm and eggs in IVF when necessary to have a child
Who is the Mother?
The donor of the eggs could be seen as the genetic mother; the woman who is pregnant with and gives birth to the child could be seen as the gestational or birth mother; and the woman who raises the child could be seen as the social mother.
Based on the reasoning allowing a couple to use donor sperm or eggs in order to have a child, couples could use both donor sperm and eggs in IVF when necessary to have a child
Donating Eggs
Donating sperm or eggs entails a biological connection with resulting children that may have great personal significance, and that has importance in halakhah.
A sperm donor or egg donor should take steps to ensure that no marriages or sexual relations occur among genetic offspring arising from donated sperm and genetic offspring within the man's own family.
Donating sperm or eggs entails a biological connection with resulting children that may have great personal significance, and that has importance in halakhah.
A sperm donor or egg donor should take steps to ensure that no marriages or sexual relations occur among genetic offspring arising from donated sperm and genetic offspring within the man's own family.
Alabama Court Case
A patient had wandered into the place where the embryos were stored, handled them, and accidentally dropped them. As a result, the embryos were destroyed.
The couples sought to sue the Center for Reproductive Medicine and the Mobile Infirmary Association under the state's Wrongful Death of a Minor Act. That law covers foetuses, but did not specifically cover embryos resulting from IVF.
A lower court had ruled that the embryos did not qualify as a person or child, and that a wrongful death lawsuit could not move forward.
But in its ruling, the Alabama Supreme Court sided with the couples, and ruled that frozen embryos were considered "children".
The wrongful death law applied to "all unborn children, regardless of their location", the decision said.
Concurring with the majority opinion, Chief Justice Tom Parker wrote: "Even before birth, all human beings have the image of God, and their lives cannot be destroyed without effacing his glory."
A patient had wandered into the place where the embryos were stored, handled them, and accidentally dropped them. As a result, the embryos were destroyed.
The couples sought to sue the Center for Reproductive Medicine and the Mobile Infirmary Association under the state's Wrongful Death of a Minor Act. That law covers foetuses, but did not specifically cover embryos resulting from IVF.
A lower court had ruled that the embryos did not qualify as a person or child, and that a wrongful death lawsuit could not move forward.
But in its ruling, the Alabama Supreme Court sided with the couples, and ruled that frozen embryos were considered "children".
The wrongful death law applied to "all unborn children, regardless of their location", the decision said.
Concurring with the majority opinion, Chief Justice Tom Parker wrote: "Even before birth, all human beings have the image of God, and their lives cannot be destroyed without effacing his glory."
Summary
Supreme Court ruling embryos – whether they’re within or out of a uterus – are children and would be protected under Alabama’s Wrongful Death of a Minor Act, which allows parents to sue for punitive damages when their child dies.
Supreme Court ruling embryos – whether they’re within or out of a uterus – are children and would be protected under Alabama’s Wrongful Death of a Minor Act, which allows parents to sue for punitive damages when their child dies.
What is the concern?
If an embryo is considered a person, it could raise questions about how clinics are allowed to use and store them. The decision may cause confusion about whether some aspects of IVF are legal under Alabama law
If an embryo is considered a person, it could raise questions about how clinics are allowed to use and store them. The decision may cause confusion about whether some aspects of IVF are legal under Alabama law
How does this tie in with the US abortion debate?
When the US Supreme Court struck down a nationwide right to abortion in 2022, it opened the door for states to make their own laws on the issue.
Since the decision, Democratic-controlled states have expanded access while Republican-controlled states have restricted it.
Alabama already has a total ban on abortion, at all stages of pregnancy.
When the US Supreme Court struck down a nationwide right to abortion in 2022, it opened the door for states to make their own laws on the issue.
Since the decision, Democratic-controlled states have expanded access while Republican-controlled states have restricted it.
Alabama already has a total ban on abortion, at all stages of pregnancy.