[Avodah] [Areivim] upcoming C 'psaks'

[Elazar M. Teitz]

     RMicha Berger remarked, "I would hate to be the mesadeir get for an adopted person's divorce." 

     Having been faced with the situation, the practice adopted was:

       (a) If both natural parents are non-Jews, write "ben Avraham Avinu" if the person is a shomer mitzvos, "hager" if not. (This is the practice for all geirim, so as not to mention Avraham Avinu's name on a ba'al aveira.)

       (b) If both natural parents are Jews, write the birth-father's name.   

     The remaining cases are what would have been done had I had such cases.

       (c) If only the mother is Jewish, write "ben <her name>."  This, too, applies not only to adoption, but to a child of intermarriage with a Jewish mother.

       (d) If the natural parents' identity is unknown and either it is known that they were Jewish or there was a giyur misafeik of the adoptee, write the person's name only, not ben anyone.  Again, this is what is done in a non-adoption setting where the father is Jewish and the mother converted prior to the person's conception, but there is a question of the validity of the geirus, so that it is not known whether the child is a ger or goy (depending on whether _he_ had a giyur misafek) or is a natural-born Jew.

     The situation I would hate to be faced with is a child carried by a surrogate mother.

EMT

        
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