Artificial Insemination

Although artificial insemination gives rise to many halakhic problems,1 the most critical issue, and the one which this paper addresses, is whether artificial insemination with sperm not belonging to the husband of the woman impregnated2 constitutes an adulterous act. Because clear authority on the issue is not present, varying schools of thought have developed and the Jewish Law regarding the matter is in a state of halakhic pluralism. This paper will examine the debate regarding the implanting of the seed, or semen, as adultery and also the ramifications of this decision as they relate to the creation - of a halakhic mandate.

The Torah prohibits adultery, a serious-offense that carries significant punishments. However, the Written Law does not define adultery with any precision and certainly does not discuss artificial insemination. Thus, present day authorities generally base their decisions regarding the proprie

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answer generally defines which school of thought that the particular party will embrace. This particular question is of such vitality because it in many regards defines the way a person conceptualizes the sanctimonious elements of two of society's strongest institutions, marriage and procreation. Also, likely contributing to the chasm between the opposing viewpoints is that the emotional effects which are most commonly feared to be damaging by-products of the whole process are actually very personally oriented feelings that are difficult to accurately predict or measure. As one commentator reasons, the first and foremost concern is the interest in helping a woman whose husband does not have fertile sperm to become able to bear children, granting her the personal fulfillment that she seeks, and also preserving the important Jewish value of marriage. But, he further notes that the process of artificial insemination can very naturally lead to marital strain and distress by making the husband feel "deficient and lacking function or somehow more distant from the child than its natural mother.26 The accompanying stress caused by the decision and reality of the artificial insemination would thus effectively destroy the very objecti
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Approximate Word count = 4701
Approximate Pages = 19 (250 words per page)

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