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Most of the new immigrants from Russia who identify themselves
as Jews are apparently Jewish1. However the doubt is greater in the
case of these parents who abandoned their son, because they didn’t
manage to furnish proof that they were Jewish, therefore it is im-
possible to determine whether they are Jews. There is nonetheless a
possibility that the woman is Jewish, in which case the child is also
Jewish.

Now, in maseches Yoma (85a) the gemara says, “A child who was
abandoned in a city of mostly non-Jews has the halachah of a non-Jew
and may be fed non-kosher food.” Rashi comments on this, “Until
he grows up and undertakes conversion.” The Sfas Emes writes on
this, “This implies that he has an obligation to convert to Judaism –
perhaps the reason we do not follow the majority [that would render
him a non-Jew] in this case is the possibility that he is violating the
entire Jewish religion [on an ongoing basis], since he is able to convert
[thereby resolving this doubt] and further study is needed in order
to ascertain how to rule in practice. [See also the Shitah Mekubetzes
(Kesubos 11a) who cites the Rashba as saying that even while he is a
minor, if it’s possible to immerse him in a mikveh under beis din’s ae-
gis this should be done, though the wording of the Rambam (Hilchos
Issurei Biah 15:25) and the Shulchan Aruch (Even Ha’ezer 4:33) does
not imply this, see there].” According to this, it is a mitzvah for the
child to convert when he grows up and anyone who converts him
properly now and adopts him, has fulfilled a mitzvah.

[Regarding the point mentioned in the question that according to
the law a baby can only be adopted if the adoptive parents share the
same religion as the child, I would like to point out the following:
my father-in-law Rav Y.S. Elyashiv zt”l, warns that this law causes
trouble, because as a result there are parents who adopt non Jewish
children and have them undergo invalid conversion! A conversion
is only valid when three conditions are met: circumcision for males,
immersion in a mikvah, and acceptance of the yoke of mitzvos. If [to

1. This was correct at the time this shiur was delivered, in Adar 5755/ 1995.

496 1 Medical-Halachic Responsa of Rav Zilberstein