JEWISH DONOR FOR INSEMINATION

QUESTION:

A Jewish man has been asked by a doctor to be a paid donor of semen for artificial insemination. He has agreed to to do but he has insisted that his semen should not be used for Jewish women, but he is also doubtful if it is used for Gentile women, since the child born would be a Gentile child. Are his doubts justified? (Asked by Rabbi Steven B. Kaplan, Fremont, California.)

ANSWER:

As for his objection, that his semen should not be used for Jewish women, especially members of the congregation, that is understandable because gossip about the children could in future years be quite unpleasant. It is, however, his objection to the use of his semen to result in the birth of Gentile children which needs to be discussed.

There is an apparent justification for his doubts as to the use of his semen to aid in the birth of Gentile children. The Mishnah, indeed, voices some objection to a Jew aiding in the birth of the Gentiles of their day The Mishnah (Avodah Zarah 2.1) says that a Jewish midwife should not aid at the birth of a child of an idolatrous woman, lest she thereby increase the number of idolators in the world. But on the basis of the Mishnah, even that aid is permitted if the midwife is a professional, because professional services are in a different category. So the law is codified in the Shulhan Arukh (Yoreh Deah 154:2) that a Jewish woman may not aid at the birth of an idolator unless it is her paid profession to do so. Therefore the fact that this man is being paid for the donation of seed is a permissive element in the case.

But there is a much stronger basis for permitting him to give his seed than the fact that he is paid. Haim Benvenisti (17th Century, Constantinople) comments in his Shiurei Kenesset Hagdolah on the statement in the Shulhan Arukh that Mohammedans are not to be considered idolators (and therefore we are permitted to aid them in the birth of their children). And, of course, Christians are certainly not considered idolatrous in Jewish law See, for example, Isserles’ note to Shulhan Aruldi (Orah Hayyim 156). His statement is based upon earlier opinions (e.g. Rabbenu Tam) and is a clear attitude in Jewish law.

Furthermore, besides this negative statement that they are not to be deemed idolators, there is the positive obligation upon us (as the Talmud says in Gittin 61a) to help Gentiles with charity, to heal their sick, to bury their dead, to comfort their mourners, etc., for the sake of “the paths of peace.” Specifically, to aid Gentiles with regard to childbirth has a strong precedent. Bachrach in his Havot Yair, responsum #185, speaks of the great authority Ramban (Nachmanides) who was a physician and with medicines helped a Christian woman to be able safely to give birth to a child. Bachrach said, “Whom have we greater than Nachmanides,” etc.

To sum up: The fact that this donor is paid is an argument on the permissive side. The fact that the children will be Christian is no objection. They are not idolators. It is our duty to help them in many human ways and especially in the example of Nachmanides, in this specific way.