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Even those poskim who permit insemination of a husband’s semen
into his wife, only allow it on condition that there is absolute certainty
that the semen will not be switched or mixed with a donor’s, and the
procedure is carried out under supervision and clear reliability. In his
responsa, the Maharsham, (3, 268) sought the consent of additional
rabbanim [before permitting it] and warned against seeing his lenient
ruling as bestowing broad, general permission, owing to possible
pitfalls.
The Kehillas Yaakov zt”l, did not permit insemination even from
a husband into his wife, apparently out of concern that it could set
a dangerous precedent and lead to use of donor sperm, resulting in
mamzerus. The Divrei Yoel of Satmar (in Kuntress Hateshuvos) also
prohibits this, writing,“Even though the Maharsham made a case for
permitting it, he concludes by saying that owing to the stringency of
the prohibition he permits it only if two additional rabbanim agree
with him and that nothing should be done unless it is upon the in-
structions of a G-d fearing scholar who sees that it is a matter of
great urgency. At the time, many of the generation’s leading scholars
vehemently protested even this ruling.” Many of today’s foremost To-
rah scholars also rule that insemination of a husband’s semen into his
wife cannot be permitted because it could set a dangerous precedent,
raising concerns about mamzerus.
Therefore, were the husband to consult us about whether he should
emit semen in order to impregnate his wife, we would forbid him to
do so. And as for his desire to perpetuate his name among the Jewish
nation, it is questionable whether this insemination will perpetuate
him [particularly in view of the fact that when his wife is fertilized
she is no longer his wife and the fertilization is taking place between
an unmarried man and woman, not between man and wife and it is
possible that the child’s lineage is defective, as explained below.]
However, things are different if the emission of semen was done
under circumstances where it is permitted, such as if it was emitted
owing to danger to life, in which case the aforementioned questions
can be considered: 1. Is the woman obligated to fulfill her husband’s
desire? 2. What is the halachah if she swore to him?
A Husband’s request for Posthumous Artificial Inseminatio 2 63