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procedure. This procedure entails minimal risk to the woman and to
her transplanted kidney. The ova can be withdrawn and fertilized in
vitro using semen from the patient’s husband. Following in vitro fer-
tilization, the fertilized ovum or ova can be transplanted into another
woman who will serve as a surrogate mother, as this is referred to
today. The surrogate mother will carry the fetus throughout pregnan-
cy and following birth, will transfer the baby to its biological parents.

How does the Torah view this situation and what should we advise
the sick woman and her husband?

Dr. David Jonathan Van Dyke, Head
of Dept. of Nephrology, Beilinson
Hospital, Petach Tikvah

ɳ Response

The heart aches upon reading this question concerning this married
woman suffering from kidney disease who is prevented from becom-
ing pregnant in the normal manner owing to the great risk that this
entails, leading to the question of whether in vitro fertilization is
permitted. However, I am not the bearer of good tidings in regard
to this question, since many of our Teachers forbid even artificial in-
semination and all the more so in vitro fertilization which is [an even]
more serious [problem]. I shall now explain this:

Many poskim have written that artificial insemination cannot be
permitted [and as mentioned, this applies all the more so to in vitro
fertilization] because it involves the serious sin of wasteful emission
of semen. This is not only a problem if the husband emits the semen
by rubbing his organ with his hand, which violates the prohibition
of “lo sin’af (Do not fornicate)” by hand1. Even though following the
masturbation the physician inserts the sperm into the womb of the

1. See earlier siman 252, where this argument is cited in the name of my father-in-
law, zt”l.

IVF and Surrogate Motherhood 2 101