"Through Her I Too Shall Bear a Child": Birth Surrogates in Jewish Law

Journal of Religious Ethics 24 (1):65 - 97 (1996)
Weighing the benefit of the blessing of a child against the potential abuses of a surrogate mother, Jewish law should permit a woman to serve as a surrogate, whether as an ovum surrogate or a gestational surrogate. Because it is a last resort solution to a couple's infertility, payment to a surrogate should be permitted. In discussing the ethics of surrogacy, it is essential to go beyond theoretical concerns and to examine the actual data concerning this new form of procreation. Past precedents do not necessarily apply because of the novel split between genetics and gestation and the addition of intent.
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