Series: Contemporary Halacha

Venue: YU Torah MiTzion Beit Midrash Zichron Dov YU Torah MiTzion Beit Midrash Zichron Dov

Halacha:

Contemporary Issues,  Even Haezer,  Family & Ishut 

Parsha:

Vayeitzei 

Description

In this Parsha & Halacha shiur for Vayeitzei we wish to analyze a contemporary issue in Halacha, i.e. surrogate motherhood. Who is the Halachik mother, the woman whose ovum has been fertilized, or the woman who carried & gave birth to the baby? We will address the question who is Dina's true Mother? Leah became pregnant with Yosef but gave birth to Dina. The fertilization of Dina - the impregnation - was that of Rachel. Tos' assume that Rachel is the mother of Dina. This establishes that the surrogate mother is to be viewed as an incubator. The Halachik mother is the genetic mother. However the Poskim tend to come to an entirely different conclusion it is the birth mother that is the halachik mother.