By Rabbi Yair Hoffman
Join our WhatsApp groupSubscribe to our Daily Roundup Email
The Modern Fertility Dilemma
In recent years, many Jewish women have found themselves navigating a profound dilemma. The focus on career development and the rising age of marriage have led many to consider preserving their fertility through egg freezing. This technology offers hope, but comes with a significant financial burden—estimated at $10,000 to $15,000 per attempt. For many women in their most fertile years (their 20s and early 30s), this cost is simply prohibitive.
Enter companies like Cofertility, a startup founded by former Uber executive Lauren Makler and health tech angel investor Halle Tecco. Their business model offers women no-cost egg freezing in exchange for donating half the retrieved eggs to those unable to conceive. On the surface, this appears to be a win-win solution.
This three-year-old startup recently raised a $7.25 million Series A round led by Next Ventures and Offline Ventures, with participation from Initialized, Gaingels, and several other investors, bringing Cofertility’s total funding to $16 million. The company’s origin story is compelling—Makler’s fertility journey began after a 2018 diagnosis of a rare abdominal disease that threatened the loss of her ovaries. This personal experience led her to learn about egg donation, where she discovered the prohibitively high costs, particularly for Jewish donors.
A Clear Halachic Warning
Despite the apparent convenience of such arrangements, I must state unequivocally: it is forbidden according to halacha to utilize services that require donating eggs to be used by others. The reason is profound—such donation may be tantamount to placing a Jewish child to be raised in a foreign religion according to many poskim (halachic authorities), and at minimum constitutes a safek (doubt) according to others. This represents a severe violation of halacha that we must approach with the utmost seriousness.
The Complex Question of Maternal Status in Jewish Law
The determination of motherhood in cases of egg donation presents one of the most complex questions in contemporary halacha. There are several distinct positions among our leading authorities:
The Evolution of Authoritative Opinions
Tzitz Eliezer’s Changing Perspective
The Tzitz Eliezer initially ruled (Vol. 15 Siman 45) that when fertilization occurs externally in a laboratory setting, even without egg donation, the child has no relationship to the parents. However, his later writings reflected a shift toward recognizing the genetic mother’s claim. This apparent reconsideration stemmed from his concern about fertility treatments creating lineage questions (which he termed “mi yeshurenu”). In contrast, Rav Ovadya Yoseph in his Yabia Omer (Vol. 2 Even HaEzer Siman 1, Vol. 8 Even HaEzer Siman 21) ruled that children born through fertility treatments do indeed relate to their parents, and fathers fulfill the mitzvah of “peru u’revu” (be fruitful and multiply).
Rabbi Ovadia Yosef’s Transformation
Rabbi Ovadia’s position underwent a significant evolution over time. While he initially held that the birth mother should be considered the mother, multiple reliable sources have testified that in his later years, his opinion shifted to favor the egg donor as the mother. This change has been documented by both Rishon L’Tzion Rabbi Yosef in his Responsa Rishon L’Tzion Vol. 1 Even HaEzer Siman 5, and by Chief Rabbi Amar in Responsa Shema Shlomo Vol. 8 Even HaEzer.
Views Acknowledging Uncertainty
Several esteemed poskim have expressed uncertainty about this complex issue. Rav Shlomo Zalman Auerbach zt”l (see Nishmas Avraham Even HaEzer Siman 1 Letter 1 #11 p. 35) and Rav Elyashiv (documented in the same source) both acknowledged the difficulty in determining maternal status. Similarly, Rav Moshe Sternbuch (Teshuvos V’Hanhagos Vol. 2 Siman 689) and HaGaon Rabbi Asher Weiss (cited in Ratz K’tzvi p. 92) have all recognized the profound complexity of determining maternal status in these unprecedented cases.
The Dual Motherhood Perspective
Some poskim have proposed the possibility of dual motherhood. Rav Ben Tzion Abba Shaul (in Ohr L’Tzion Yevamot 32b) discusses this concept, though some interpret his position as expressing uncertainty rather than advocating for dual motherhood. Rav Moshe Sternbuch (Teshuvos V’Hanhagos Vol. 5 Siman 318) suggests that both women might be legally considered mothers, emphasizing that this is not merely a matter of doubt but potentially a dual legal status.
Advocates for Egg Donor Motherhood
A significant number of poskim have concluded that an egg donor should be considered the mother. HaGR”M Brandsdorfer presents this view in Kneh Bosem Vol. 4 Siman 95 Letter 1, as does HaGR”Y Rozental in Mishnat Yaakov on Arachim V’Ramim Chapter 1 Halacha 13. Rav Goren elaborated on this position in his book Torat HaRefuah, specifically in the section on ‘Transplanting an Egg from Woman to Woman’ (pp. 176-177), which was first published in HaTzofeh newspaper on 14 Adar I 5744/17.2.84 and later included in Puah Vol. 2 p. 384. Additional support for this position comes from Rav Avraham Yitzchak Kilav (Techumin 5 p. 267), Rabbi Yaakov Ariel (in both Techumin 15 5755 p. 171 and Responsa Ohala shel Torah Vol. 1 Siman 73), and Rabbi Shlomo Dichovsky (in Responsa Poria ‘Genetics and IVF’ p. 515 and Responsa Lev Shomea L’Shlomo Vol. 2 Siman 43). Former Chief Rabbi Rav Shlomo Amar has also aligned with this view, as documented in Responsa Shema Shlomo Vol. 8 Simanim 1-3.
A Call for Compassion and Prayer
The fertility challenges facing Jewish women today are real and deserve our community’s attention, support, and compassion. While we must be clear about the halachic concerns surrounding egg donation, we must also strengthen our commitment to supporting Jewish women in their pursuit of marriage and motherhood in halachically permissible ways.
We should all daven (pray) fervently for women who are in need of shidduchim (suitable matches) and who yearn to become mothers. Our tradition teaches us that prayer is powerful, and our responsibility to support one another is paramount. May Hashem grant all those who desire it the blessing of building Jewish families according to His will.
The author can be reached at [email protected]
One should ask a posak, spifficly regarding there situation, and not rely on the internet. Atime, Bonei Olam, and Puah have rabbanom that specialize in this.
Rab Reuven Feinstein Shlit”a brought a proof to this question from the Medrash that says that Dina and Yosef were switched in the womb, and yet Yosef is called Rachel’s child while Dina is called Leah’s child. We see that it follows birth mother and not egg mother. But the Gemara’s version is that Dina was a boy which switched to a girl which is considered a neis too. According to this, there is no proof to the question.
Cofertility is downright dystopian, using women’s desire to have a child to manipulate her into donating eggs. By the way, if a woman does want to preserve her fertility, she’s better off freezing embryos if she’s already with her future child’s father.
A little bit confused. If a Jewish lady who gave birth using a egg donor what is the status of her children? Non Jewish? Do they need to purchase a conversion? More than a little confusing. It would seem noone would be is capable of giving a definite ruling either way. The child may stay a questionable status if not converted. I don’t think anyone would say the ch