Is Surrogacy Permitted According to Halacha?

Greetings,

It is not permissible for a woman, even a single woman, to serve as a surrogate mother, as there are opinions in halacha that consider her as the mother. This raises the concern that a brother might come to marry his sister (as we find this concern in the words of our sages, see Tractate Yevamot, 37b, and Shulchan Aruch, Even HaEzer, 2:11). For this reason, it has been written in the responsa Yabia Omer, part 2, section Even HaEzer, end of section 1, that it is prohibited to accept sperm donation from another man. Thus you can reason the case discussed here as well, as stated in the responsa Beriti Shalom, part 4, section 15; there is no allowance for a Jewish woman to act as a surrogate due to the aforementioned concern. Also see the book Ratz Katzvi, issues of fertility, introduction chapter 4).

The only permissible way according to halacha is for a non-Jewish woman to act as a surrogate mother. Of course, after the birth, the infant must be immersed for the purpose of conversion before three observant men (and if it is a male, they must intend during the circumcision that the circumcision is for the purpose of conversion, and in the presence of three observant men who are aware of this. If it is a female, it must be noted that it will be forbidden for her to marry a priest(Kohen), as explained in Shulchan Aruch, Even HaEzer, 6:8, that even a convert who converted less than three years is prohibited to a priest).

Best wishes coming soon,

With great blessings,

Hillel Meirs