The Jewish population make up one of the oldest and largest religions in the world – Judaism. In 2021, it was estimated that there are 15.2 million Jews around the world, equating to 0.19% of the entire world population. Their large population is of value to Judaism, as Jews are instructed in the scriptures to “be fruitful and multiply, fill the earth, and subdue it.”¹

Judaism strictly commands couples to have children but thousands of Jewish couples have difficulty conceiving due to infertility. According to the Jewish One in six Jewish couples is diagnosed of infertility. This should be noted, as it is higher than the infertility rate in the general population, which is 1:8.²

Hence, thousands of Jewish couples seek infertility treatments every year. Assisted reproduction techniques (ART) provide medical options to address and treat infertility. While Judaism certainly supports procreation, specific aspects of ART remain controversial.

This article will guide you on the general Judaic views and specific recommendations on ART based on the Jewish laws.

Views on Some Key Aspects of Reproduction 

Procreation is the very first mitzvah, or commandment, included in the Jewish laws, which are then referred to as halakha or halacha. The halakha is the set of written religious laws and oral rules and customs that strictly govern the way of life of Orthodox Jews. ^3,4

As with the other aspects of everyday life, the halakha and the textbooks that interpret it mention specific regulations for the key aspects of reproduction. These regulations have a direct impact on how fertility treatments are to be performed in Jewish patients.

For instance, the Jewish laws define the ritual of niddah, which refers to the different practices that require the woman to be separated from her husband during a period of impurity. The laws of niddah prohibit sexual intercourse and any form of physical or affectionate contact until 7 days after the complete cessation of menstrual flow. The woman should perform a ritual bath of purification, known as mikveh, before she can be allowed to be in physical contact with her husband.^5,6 Because of these rituals, sexual intercourse may be delayed beyond ovulation. In the context of ART, these rituals should be considered with the timing of the specific fertility treatments.

Another aspect of concern is the halakhic view on masturbation. Masturbation violates hotza’at zera levatalah, a strict halakhic prohibition that is based on the interpretation that masturbation wastes the sperm. Wasting of the sperm jeopardizes the mitzvah to procreate. This is important to mention because masturbation is a key component of many fertility procedures.^7,8

It is also important to note the Jews’ observance of Sabbath, which is fundamental in the Jewish way of life. The Sabbath is observed weekly from Friday evening to Saturday night. During this period, Jews are prohibited to engage in various activities and occupations, including laboratory procedures.⁹ This implies that assisted reproduction procedures should not be scheduled on Saturdays.

Which Fertility Treatments are Allowed in Jews?

The emergence of different types of fertility treatments are a great news for Jews who are having difficulties conceiving. Assisted reproduction procedures such as artificial insemination and in vitro fertilization (IVF) allow Jewish couples to fulfill the mitzvah of procreation.

Still, some aspects of assisted reproduction are deemed controversial and inappropriate based on halacha teachings and interpretations. The following points will highlight the relevant halakhic views on ART procedures.

Artificial Insemination

During artificial insemination, the doctor directly injects the sperm into the cervix of the woman who will bear the child. The process of artificial insemination requires the collection of semen, conventionally through masturbation of the sperm donor, who could be the husband or a third-party donor. For this reason, artificial insemination concerns the prohibitions on hotza’at zera levatalah, which restricts Jews from ejaculating semen outside the context of sexual intercourse.⁷

Some Jewish religious leaders, known as Rabbis, claim that the restrictions of hotza’at zera levatalah are overridden when the collection of sperm is for the purposes of procreation.³ Still, to prevent wasting of the sperm, Rabbis recommend the use of special medical devices to obtain the sperm. Semen can be collected during intercourse by using a non-medicated condom with pinpoint hole, so that the sperm can still reach the cervix. Another option is the collection of sperm by masturbation but with the use of a mechanical stimulator, preferably operated by the doctor.^1,7

Artificial insemination with husband’s sperm

Almost all Jewish legal experts rule that artificial insemination with the husband’s sperm is allowed if conception is not achieved even after 2 years of trying and if medical evidence suggests the absolute need for artificial insemination. If artificial insemination with the husband’s sperm is to be performed, it must be done when the woman is not in niddah.⁴

Artificial insemination with donor’s sperm

Meanwhile, artificial insemination by a Jewish sperm donor is forbidden, as agreed by all Jewish legal authorities. The ruling is due to different reasons, such as the possibility of incest, lack of ancestral identity, and the conflict of inheritance. Some rabbis allow artificial insemination if the donor is non-Jew, as this eliminates the dilemmas mentioned. All rabbis then recommend the use of sperm from non-Jewish donors.^3,4,7

IVF and embryo transfer

IVF and embryo transfer are both supported by majority of Jewish religious leaders, including the chief rabbis of Israel. Recommendations regarding sperm collection and niddah should still be considered when performing the procedures related to IVF and embryo transfer. Thanks to IVF procedures, about 3000-4000 Jewish children are born annually to infertile couples and individuals in Israel.⁴

Freezing of sperm, oocytes, and embryos

Cryopreservation of sperm, oocytes, and embryos is generally allowed in Jewish patients only when there is a guarantee that the father’s identity is not lost. Freezing of the sperm may be done before insemination to address problems related to timing during the period of niddah. ¹⁰

Freezing of eggs or oocytes is supported by Jewish leaders in Israel. Elective egg freezing is encouraged among single female Orthodox Jews. According to halakhic experts, cryopreservation of eggs may help women who have fertility problems but nonetheless want to start a family.¹¹

Freezing of embryos for future IVF cycles is also permitted by halachic laws. Embryos that were not implanted can be destroyed passively by thawing. Active destruction of spare embryos is not permitted.¹

Oocyte Donation

Oocyte donation is a controversial procedure in the context of Jewish laws. In fact, most rabbis strongly discourage oocyte donation. But recently, some rabbis have decided to allow egg donation, especially when it involves a non-Jewish donor, as to prevent possible incest if both donor and recipient are Jewish.¹

The controversy is rooted on the question of who should be considered the mother — the donor or the one who gives birth? But with the precedent provided by the Scriptures, the general opinion of rabbis is that the woman who carries the baby in her uterus and gives birth is considered as the mother.¹⁰

Preimplantation Genetic Diagnosis

Preimplantation genetic diagnosis (PGD) is a procedure that can be used to select embryos that do not have certain genetic diseases, embryos of particular sex, and those with specific traits such as height, hair or eye color, or enhanced memory. In general, Jewish law experts support the use of PGD for cases in which the child will definitely have a certain genetic disease, which is fatal, can cause considerable suffering, and currently has no effective treatments. Moreover, PGD may also be used to produce an offspring that could be a suitable donor of bone marrow or stem cells for an older sibling who has a fatal disease. ¹²

However, there is some controversy on the use of PGD for sex preselection. Some legal experts allow the use of PGD for sex preselection, as Jewish tradition encourages that a couple must have at least one boy and one girl.⁴ Still, some authorities uphold that the use of PGD to select the sex of the child is not ethically allowed in Judaism.¹²

Surrogacy

Surrogacy is another controversial procedure in Judaism. Most rabbis do not accept surrogacy, citing problems with lineage and who should be considered as the child’s mother.¹

Nevertheless, many Israeli rabbis allow the practice, as it the halakha describes the mitzvah of benevolence, which bears the essence of the verse “Love thy neighbor as thyself.” This is applied in the practice of surrogacy, as it is an obligation to help one’s neighbor – in this case, a childless couple – in bearing a child.¹⁰ Rabbis who allow surrogacy recommend that a single Jewish woman be the surrogate, in order to avoid assumptions of adultery in for married surrogates, and to allow the conferment of Jewishness to the child, as it is the birth mother who confers Jewishness to the offspring.¹

If you are having problems with conception and have questions on the specific fertility treatments that are permitted in Jews, you can consult a trusted fertility expert who will assist you in your IVF journey. Fertility experts will help you understand all the important details of ART. They will also assist you in choosing the perfect fertility clinic that can make your IVF dreams come true.

References

• Sallam, H. N., & Sallam, N. H. (2016). Religious aspects of assisted reproduction. Facts, Views & Vision in ObGyn, 8(1), 33–48.
• Chernikoff, H. (2021). Two thousand people gathered online for the Jewish world’s first infertility summit. EJewish Philantropy.
• Jakobovits, Y. (2005). Assisted Reproduction through the Prism of Jewish Law. Jewish Action, 5765, 26–29.
• Schenker, J. (2008). Assisted reproductive technology: perspectives in Halakha (Jewish religious law). Reproductive BioMedicine Online, 17(3), 17–24.
• Yanay, N., & Rapaport, T. (1997). Ritual Impurity and Religious Discourse on Women and Nationality. Women’s Studies International Forum, 20(5/6), 651–663.
• Yanay, N., & Rapaport, T. (1997). Ritual Impurity and Religious Discourse on Women and Nationality. Women’s Studies International Forum, 20(5/6), 651–663.
• Bokek-Cohen, Y. (2016). Jewish Law, Scarcity of Sperm Donors and the Consequent Private Import of Sperm of Non-Jews by Israeli Women. Gynecologic and Obstetric Investigation, 81, 105–111.
• Ivry, T. (2010). Kosher medicine and medicalized halacha: An exploration of triadic relations among Israeli rabbis, doctors, and infertility patients. Journal of the American Ethnological Society, 37(4), 662–680.
• Smith-Gabai, H., & Ludwig, F. (2011). Observing the Jewish Sabbath: A Meaningful Restorative Ritual for Modern Times. Journal of Occupational Science, 18(4), 347–355.
• Schenker, J. (2013). Human reproduction: Jewish perspectives. Gynecological Endocrinology, 1–4.
• Birenbaum-Carmeli, D., Inhorn, M., Vale, M., & Patrizio, P. (2021). Cryopreserving Jewish Motherhood: Egg Freezing in Israel and the United States. Medical Anthropology Quarterly, 00(0), 1–18.
• Popovsky, M. (2007). Jewish Perspectives on the Use of Preimplantation Genetic Diagnosis. Global Health Law, Ethics, and Policy, 35(4), 699–711.