[Avodah] Donor Kids and Adoption

Micha Berger micha at aishdas.org
Wed May 12 15:12:48 PDT 2010


On Wed, May 12, 2010 at 10:42:04PM +0100, Chana Luntz wrote:
: Isn't this precisely where the Ben Sira midrash is usually brought into the
: discussion? ...

That's about the child not being a mamzer, since there was no bi'ah
asurah. RMF invokes it in that context, but the Satmar Rav holds the
child would be as much a mamzer as if the union were bederekh bi'ah.

: Of course if the donor is not Jewish, would not the problem go away?

Which is why I phrased the Satmar Rav's position that way.

But here we're talking now about the child happening to meet another
child of that donor and marrying a genetic sibling. Would *their* child
(produced in the traditional way) be a mamzeir?

Mamzeirus, according to RMF and general consensus, requires a bi'ah
asurah as one of the preconditions. That doesn't mean paternity
requires bi'ah. Maybe it is determined by zera. That's the comparison
I was making to egg mother vs gestational mother in the case of
surrogacy.

If the donor isn't Jewish, then they aren't halachic siblings anyway.
But it's possible that if the donor is Jewish, even RMF would say the
grandchild is a mamzeir.

Tir'u baTov!
-Micha

-- 
Micha Berger             Today is the 43rd day, which is
micha at aishdas.org        6 weeks and 1 day in/toward the omer.
http://www.aishdas.org   Chesed sheb'Malchus: How does unity result in
Fax: (270) 514-1507                           good for all mankind?



More information about the Avodah mailing list