Medical Ethics

What follows is a series of medical ethics questions submitted by Rivka Herzfeld.

1. Is IVF allowed?

Before I respond to any of this, I would like to this disclaimer to be known: I AM NOT AN HALACHIC AUTHORITY ON THIS TOPIC. I am sharing my knowledge based on research and personal experience.Yes, IVF is permitted by halacha.
a. If IVF is allowed, then is surrogacy allowed, and if so on who’s part? For example:
1. if Betty is a non-Jew, but we (somehow) are best friends and she can’t get pregnant, can she do IVF and I will be the surrogate?
2. If I am a Jew and I can’t get pregnant can I do IVF and she will be the surrogate?
3. If I am a Jew and my sister is a Jew and I can’t get pregnant can I do IVF and she will be the surrogate?
a1. The Jew/non-Jew issue is complex because it involves non-quantifiable parameters such as the kedusha of a neshama and the body in which it is housed. It seems pretty clear that the status of a non-Jew is different from that of a Jew. It also seems pretty clear that the status of a non-Jew is less "kadosh: than that of a Jew. As politically incorrect as that sounds, it is still the case. Therefore, I can imagine that to house a Jewish baby in a non-Jewish mother could be a problem. When a Jew is a surrogate for a non-Jew there may be two issues--that the Jew is housing the neshama of a non-Jew and that perhaps the "status" of that baby may be confusing because it WAS incubated by a Jewish mother.
With regard to the sister, the Jew/non-jew issue is obviously alleviated, but there may be a problem with arayot, as it is assur for a man to be married to two sisters (ever, even after one dies, except for yibum, which is no longer practiced [contrary to Hallmark movies.])

2. Is stem cell research okay with הלכה?

To the best of my knowledge, modern giants in science and halacha, including Rav Moshe David Tendler, have permitted stem cell research. The issue that troubles the "religious right" (by this I mean the Christians) is that these stem cells often come from aborted fetuses. In halacha. these are two separate things. Also, since there is clear puikuach nefesh involved, the research is encouraged. My understanding is that the research can be done and that this does NOT condone the abortion. Also, abortion is permitted under specific circumstances in halacha.

3. Can a Jew be an organ donor?

The issue with organ donation is Kavod HaMeit. The RCA has now issued "halachic organ donor cards" which (in some way, I don't know the details) instruct that the organs can be used, provided that they are 'harvested" in a manner that is in accordance with halacha. Again, the modern poskim hav e talked a great deal about this and the centrist Orthodox position is that, with kavod hameit respected, organ donation is permitted since the pikuach nefesh is also clear. a- Can a Jew be the recipient of an organ? Yes.

4. Can a Jew donate his body to science?

As far as I know, donating one's body to science is not permitted as the "pikuach nefesh " factor is not direct and the chances that the body will be improperly treated is very high.

5. I know that autopsies are not allowed, but why?

Under certain circumstance, autopsies are allowed. The issue. again, is kavod Hameit. Since the body was the "house" for the soul, it is considered sacrosanct and may not be defiled in life or in death. The process of preparing a body for burial (tahara) is very strict. Normal autopsies do not follow those guidelines. However, when there is a halachically acceptable reason for doing an autopsy (including certain criminal investigations and medical reasons) and the autopsy can be performed while adhering to halacha, then it is mutar. The Journal of Contemporary Halacha is a great resource for all of these questions, as is Tradition. Two of the major decisors of our generation is Rabbi Moshe David Tendler and Rabbi J. David Bleich.