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Halachic approval to Charedi widow to be surrogate mother
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Besiyata Dishmaya




 
 
    
 

Post Tue, May 26 2009, 2:26 pm
Seraph wrote:
How does what make sense? This surrogate isnt married, there wouldnt be an issur for her to carry another man's baby. She isnt having relations with him so there isnt that issue of her having relations with someone she isnt married to.
However, the only issue I can possibly think of is if she would need a "get" from the father of the baby after she delivers if she'd want to be surrogate to another man's baby.

I believe the reason she got a heter from the Rav to carry this woman's child was because she's a widow and is therefore so-to-say 'eligible' to be a second wife of this young man and is carrying his child. Maybe she even had Chuppah and Kedushin, who knows? (According to Jewish law a man is allowed to marry more than one woman. It was only because the Ashkenazim accepted the Cherem DeRabbenu Gershom that they did not permit a man to to marry more than one woman. Although the 1000 years that it was accepted for are up, this Cherem is still in effect.) I, therefore, think you have a good point about a "get".
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Butterfly




 
 
    
 

Post Tue, Jun 23 2009, 8:38 pm
I'm wondering about the ''get'' part too.
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ShakleeMom




 
 
    
 

Post Tue, Jun 23 2009, 9:07 pm
MeThinks wrote:
Seraph wrote:
How does what make sense? This surrogate isnt married, there wouldnt be an issur for her to carry another man's baby. She isnt having relations with him so there isnt that issue of her having relations with someone she isnt married to.
However, the only issue I can possibly think of is if she would need a "get" from the father of the baby after she delivers if she'd want to be surrogate to another man's baby.

I believe the reason she got a heter from the Rav to carry this woman's child was because she's a widow and is therefore so-to-say 'eligible' to be a second wife of this young man and is carrying his child. Maybe she even had Chuppah and Kedushin, who knows? (According to Jewish law a man is allowed to marry more than one woman. It was only because the Ashkenazim accepted the Cherem DeRabbenu Gershom that they did not permit a man to to marry more than one woman. Although the 1000 years that it was accepted for are up, this Cherem is still in effect.) I, therefore, think you have a good point about a "get".


Great, now I have a vision of him sitting in by the sonogram, his hand tracing the little kicks on her belly.
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Butterfly




 
 
    
 

Post Tue, Jun 23 2009, 9:32 pm
Butterfly wrote:
I'm wondering about the ''get'' part too.

On another thought, a "get'' nullifies an existing Kedushin, so if there was no marriage, no Kedushen involved, there would be no need for a "get"...
but then again, I ain't a Rav.. not yet LOL
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