The halachic opinion regarding artificial insemination (in vitro)

Hello & Greetings

Your question is important and necessary on such a sensitive and important subject.

The poskim raised several halachic concerns regarding the IVF / artificial insemination procedure and its medicalname IVF.

The first concern is – sperm for no reason,

The second concern is the fear of replacing the fertilized sperm or embryo with another sperm or embryo.

The third concern is the question of the attribution of the newborn in this procedure to the owner of the sperm.

In fact, regarding the first concern, the opinion of most of the poskim that the extraction of sperm for the purpose of artificial insemination does not prohibit the extraction of sperm for no reason. However, in order to fulfill the obligation of all opinions, they invented a halachic solution of using a halachic condom, which is a condom with a puncture, which allows the exit of sperm in the woman’s body, and on the other hand leaves enough sperm in the condom that can serve as the basis for the artificial insemination procedure.

Regarding the second concern, there are currently a number of institutes in Israel that accompany couples in this procedure, and provide supervisors whose job is to supervise the man’s sperm, the woman’s egg, and the fertilized embryo, so that they will not be replaced, God forbid, with sperm or egg or another embryo. Therefore, insofar as the IVF procedure is supervised by a body that has received the consent of the greatest arbiters, there is no fear of confusion and replacement of the sperm or embryo.

Regarding the third concern, although not so long ago, there were different opinions among the poskim one way or the other regarding the attribution of birth through artificial insemination, in the last generation all the great poskim have agreed that the person born through artificial in-vitro insemination relates for all intents and purposes to his father with sperm and his mother.

Therefore, in fact, couples who require an IVF procedure are entitled to do so without halachic concern, provided that they do so in an authorized and supervised institute that will provide supervisors to supervise and ensure that the sperm, egg and fertilized embryo are not replaced.

Also regarding the period of time that must be waited in order to try to get pregnant naturally – before starting treatment through artificial insemination. Until not so long ago, various opinions were expressed in the poskim regarding the number of years that the couple must wait in an attempt to get pregnant, as is the case throughout the country, but today, with the development of medicine and the accuracy of doctors’ diagnostic methods, and the progress of institutes that provide excellent halachic solutions, the opinion of the poskim is, that a couple who, according to the doctors’ opinion, cannot get pregnant in a natural way but through artificial / in vitro fertilization, May immediately begin an artificial insemination procedure.

Of course, this is an overview of current halachic law and rulings, but in fact it is recommended that any couple who is required to do so contact a qualified rabbi and expert in the field, or the rabbis of a certified and recognized fertility institute, who will guide them and instruct them what they will do.

Wishing you complete health and fertility

Rabbi David Ohayon

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