Defining Motherhood in Halacha

Defining Motherhood in Halacha

Several decades ago, a major breakthrough changed the world of fertility treatment forever. A team of doctors in England, led by Dr. Robert Edwards and Dr. Patrick Steptoe, attempted an innovative treatment for a woman whose fallopian tubes were blocked, preventing her from conceiving. The doctors removed an egg from her ovaries, fertilized it with her husband's sperm in the laboratory, and returned the fertilized egg to her womb. The result was the birth of Louise Brown — the first baby born through what we now call in vitro fertilization (IVF). Since then, hundreds of thousands of children worldwide have been born with the help of this technology.

IVF opened the door to additional treatments, two of which raise especially profound questions in Jewish law: egg donation and surrogacy. A married woman whose body does not produce eggs — because of advanced age, a genetic condition, or another illness — may rely on eggs donated by another woman. In the reverse situation, a woman who produces eggs but has no uterus, or whose uterus cannot carry a pregnancy, can have her own eggs fertilized and carried by another woman known as a surrogate.

These remarkable possibilities raise a deep halachic question. When two women take part in creating a child — the woman who provides the egg, and the woman who carries and gives birth — who is the mother? This article explores the leading approaches among the poskim, based on the scholarship of our team at PUAH.

Why the Question Matters

Determining who is the halachic mother is not an abstract exercise. The answer affects fundamental questions of personal status (yichus), including Jewish identity, who counts as a sibling, the laws of marriage, and more. When two women contribute to a child's creation, several possibilities arise:

• The mother is the woman who provides the egg, since the genetic material shapes so many of the child's traits.

• The mother is the woman who carries the pregnancy and gives birth.

• The child has two mothers.

• The child has no halachic mother at all, as motherhood may require both genetic material and birth together.

Many poskim have addressed this question, each bringing sources to support their position. Below we present the two main schools of thought.

The View That Birth Determines Motherhood

Rabbi Zalman Nechemia Goldberg held that the woman who gives birth is the mother. He brought a proof from the Gemara in Yevamot (97b), which discusses twin brothers who were conceived before their mother converted but born after her conversion. The Gemara rules that they are considered brothers through their mother, even though conversion legally severs prior family ties (a convert is "like a newborn child").

Rabbi Goldberg reasoned that the maternal relationship was erased at conversion, yet was re-established through the act of birth alone. This shows that birth itself can create motherhood.

Support from the Targum Yonatan

Some scholars pointed to the Targum Yonatan on Bereishit (30:21), which relates that the embryos of Rachel and Leah were exchanged in the womb, so that Yosef was placed in Rachel's womb and Dina in Leah's. According to this reading, although Yosef was genetically Leah's child, he is considered Rachel's son — suggesting that birth, not genetics, determines motherhood.

Support from the Laws of Orlah

Rabbi Eliezer Yehuda Waldenberg, in his Tzitz Eliezer, brought a proof from the Gemara in Sotah (43b). When a young branch — whose fruit would otherwise be forbidden as orlah — is grafted onto an older tree that has already passed its orlah years, the laws of orlah no longer apply to the branch. This suggests that Torah law follows the place where something grows, rather than its original biological source. Applied to our question, it would point toward the birth mother.

The View That the Egg Provider Determines Motherhood

Rabbi Yaakov Ariel rejected each of these proofs and argued that the genetic mother — the woman who provides the egg — is the halachic mother.

• The convert who was pregnant: Rabbi Ariel distinguished between a natural pregnancy and a pregnancy resulting from another woman's transplanted egg. In the Yevamot case, the fetus was the woman's own biological child, so no comparison can be drawn.

• The Targum Yonatan: One should not derive binding halacha from words of aggadah. Moreover, the exchange described may have referred to a change in the gender of each fetus, not a swap between the two embryos.

• The laws of orlah: There, the branch remains permanently part of the older tree and is therefore absorbed into it. In egg donation, the child ultimately leaves the womb and is not "absorbed." Furthermore, the orlah ruling is a special law that does not extend to other areas.

Rabbi Ariel then brought a proof for his own position from the Gemara in Kiddushin (77a), which indicates that the status of a child (whether he is a chalal) follows the moment of conception, not events that occur during the pregnancy. From this he concluded that motherhood is determined by genetics, so in a case of egg donation, the mother is the egg provider rather than the birth mother.

Halachic Perspective

As is evident, this question remains a genuine dispute among leading authorities. Some poskim follow the birth mother, others follow the genetic mother, and some take into account additional considerations — including the timing of when motherhood is established. Because so much depends on the answer — Jewish identity, personal status, and family relationships — these treatments must never be undertaken without proper halachic guidance from the outset.

Practically, the choice of egg donor or surrogate, the documentation of the process, and the supervision of the laboratory all carry real halachic importance. When these matters are arranged correctly and with proper oversight, many of the most serious concerns can be addressed in advance. PUAH's team of doctors and rabbis specializes in exactly these situations and works closely with families and their poskim throughout the entire process.

Specific questions should be discussed with a qualified rabbinic authority. Our team at PUAH is available to help you navigate these questions.

When to Speak With a Professional

If you are considering egg donation or surrogacy, or have already begun the process, it is essential to seek guidance early. Speak with a qualified rabbinic authority before selecting a donor or surrogate, and consult with your medical team about the procedures involved. The earlier these conversations take place, the more options you will have to ensure the process is handled in keeping with halacha. Reach out to PUAH — our advisors can help you understand both the medical and halachic dimensions of your situation.

Summary

When two women contribute to the creation of a child through egg donation or surrogacy, halacha must determine who is the mother. Leading poskim are divided: some hold that the birth mother is the halachic mother, while others hold that the genetic mother — the egg provider — is the mother. Because the answer affects fundamental questions of Jewish identity and personal status, every such case requires careful, individualized halachic guidance.

Resources

For an in-depth halachic discussion of this topic, click here to explore the relevant sources and rulings in Sefer PUAH.

Disclaimer: This article provides general educational information. Personal halachic questions should be discussed with a qualified rabbinic authority.