When choosing an egg donor, it is understandable that women will want to select a donor who is similar to themselves in appearance and ethnic background. Â As with many aspects of Jewish Law, what may seem obvious and desirable may not conform to rabbinical interpretations of the Law. Â Ironically, since it is sometimes difficult to find suitable Jewish donors, these legal twists can actually help some people “let go” of their desire to work only with Jewish donors.
There are three concerns that rabbis have addressed in their discussions regarding the selection of egg donors. Â The first is accidental incest. Â The second is the legal status of a woman’s eggs. Â The third, and possibly the most important to recipients, is the Jewish status of the children born through egg donation.
Reasonable concerns exist that due to the anonymity of most egg donation arrangements, the actual children of the donor could accidentally marry the offspring of the woman who received her eggs. Â Sounds far-fetched, but rabbis worry about such things.
As to the status of the eggs, rabbis have agreed that according to Jewish Law, a husband has a legal attachment to his wife’s eggs. Â In theory, according to Jewish Law, the resulting offspring could have a claim on the donor’s husband in a Jewish court of law.
While Reform Judaism recognizes that parentage can come from either parent, traditionally most, but not all, rabbis have agreed that if a Jewish woman gives birth to the baby, that child is fully Jewish. Â The Laws determining a child’s family and religion of origin were established thousands of years ago – long before genetic testing – and so Jewishness is passed from the mother who gives birth rather than from the genetic parents.
Based on these three considerations, the following principles can guide most Jewish couples considering egg donation:
A Jewish donor is not legally required for a Jewish couple. Â Based on the concerns about accidental incest and the legal status of eggs, a non-Jewish donor may actually be preferable. Â Accepting this idea can alleviate much of the angst over trying to find a Jewish donor which can be difficult.
If a Jewish woman is chosen, she should be single or married to a non-Jewish man. Â If she is divorced, she needs a Jewish divorce, including a “Get.”
The process of choosing an egg donor is different for every family. Â There are an endless number of things to consider in making such an important decision. Â If observing Jewish Law is a priority for the Intended Parent(s), then finding a Jewish donor is not only unnecessary, but potentially undesirable. Â Ideally, this will be helpful to some as the pool of potential donors will be enlarged significantly.
- Michael Feinman, MD
Medical Director, HRC Fertility
Huntington Reproductive Center Medical Group
feinmanivf@havingbabies.com
