Religious response to ART
Encyclopedia
Religious response to assisted reproductive technology (ART) deals with the new challenges for traditional social and religious communities raised by modern assisted reproductive technology
(ART). Because many religious communities have strong opinions and religious legislation regarding marriage, sex and reproduction, modern fertility technology has forced religions to respond.
for IUI or IVF the couple must first collect a sperm sample. For many religious groups this creates a challenge due to a prohibition on masturbation
.
Solutions include:
opposes all kinds of ART because, as with contraception
, it separates the procreation purpose of the marriage act from its unitive purpose. Pope Benedict XVI
has publicly re-emphasized the Catholic Church's opposition to in vitro fertilization (IVF), saying it replaces love between a husband and wife.
In addition, IVF is disregarded because it might cause disposal of embryos; In Catholicism, an embryo is viewed as an individual that must be treated as a person.
What is permitted is technology that allows conception to take place from normative sexual intercourse
. For example use of a fertility lubricant or charting ovulation
times.
on ART
by Gad El-Hak Ali Gad El-Hak of Egypt's Al-Azhar University
, largely accepted ART.
IVF and similar technologies are permissible as long as they do not involve any form of third-party donation (of sperm, eggs, embryos, or uteruses). Regarding third-party donation there is a debate between the Sunni and Shia streams of Islam. The Sunni community, following the Al-Azhar fatwa, does not allow third-party donations. In 1999, Ayatollah Khamenei, the authority for the Shi'a Muslims, issued a fatwa stating that is was permitted to use third-party donors.
The conclusions of Gad El-Hak Ali Gad El-Hak's ART fatwa are as follows:
is problematic since there is substantial overlap in opinions and moral authority.
community the concept was debated as there is little precedent in traditional Jewish legal textual sources. Non-legal sources such as medrash and aggadah
provide stories that have been used to draw conclusions regarding ART by modern Jewish legal decisors
. In general, traditional Judaism views medical intervention positively. Regarding ART, the positive view of medicine is challenged by the Jewish religious legal system which has numerous laws regarding modesty and sexuality and a strong emphasis on verifiable lineage.
In Orthodox Judaism, insemination with the husband’s sperm is permissible if the wife cannot become pregnant in any other way.
Regarding laws of sexuality
, religious challenges include masturbation
(which may be regarded as “seed wasting”), niddah
and the specific laws regarding intercourse. Additional issues arise regarding the restrictions of Shabbat
and Jewish holidays.
An additional major issue is that of establishing paternity and lineage. For a baby conceived naturally the father’s identity is defined under a chazakah
of rov bi'ot achar ha'baal - a woman's sexual relations
are assumed to be with her husband. Regarding an IVF child, this assumption does not exist and as such Rabbi Eliezer Waldenberg
(among others) requires an outside supervisor to positively identify the father. Doctors or laboratory workers present at the time of the fertility treatment are not considered supervisors due to a conflict of interest
and their pre-occupation with their work.
As such, supervisory services are required for all treatments involving lab manipulation or cryopreservation
of sperm, ovum or embryos.
While a range of views exist, both egg donation and surrogacy
are permitted according to many Orthodox decisors, pending religious fertility supervision. (In Israel, the "Embryo Carrying Agreements Law" was formulated to ensure that surrogacy agreements between Jewish Israelis do not conflict with Jewish laws concerning incest and adultery and that the child born of the arrangement will be recognized as a Jew.)
, the Conservative Assembly in 2006 accepted a position of eliminating the requirement for seven white days after the cessation of menses and establishing this as an optional custom. This is offered as a solution for women dealing with ovulation before mikvah by reducing the number of days with sexual relations being forbidden from an average of 12 to 5.
Mid-cycle staining during ovulation, while ordinarily would prevent sexual relations by being considered zavah
, is to be considered a result of ancillary circumstances (diet, medical treatment, physical exertion, or illness) and as such the emission is considered permissible, and the woman would not become a zavah.
Drug therapies to avoid mid-cycle staining are deemed unnecessary with the risks of the drug side-effects outweighing the prohibition of zavah due to the commandment of hai bahem, ("[you shall] live by them").
has generally approved artificial insemination by donor, in-vitro fertilization and surrogate motherhood.
Assisted reproductive technology
Assisted reproductive technology is a general term referring to methods used to achieve pregnancy by artificial or partially artificial means. It is reproductive technology used primarily in infertility treatments. Some forms of ART are also used in fertile couples for genetic reasons...
(ART). Because many religious communities have strong opinions and religious legislation regarding marriage, sex and reproduction, modern fertility technology has forced religions to respond.
Sperm collection
Both for male factor testing and in order to use spermSperm
The term sperm is derived from the Greek word sperma and refers to the male reproductive cells. In the types of sexual reproduction known as anisogamy and oogamy, there is a marked difference in the size of the gametes with the smaller one being termed the "male" or sperm cell...
for IUI or IVF the couple must first collect a sperm sample. For many religious groups this creates a challenge due to a prohibition on masturbation
Masturbation
Masturbation refers to sexual stimulation of a person's own genitals, usually to the point of orgasm. The stimulation can be performed manually, by use of objects or tools, or by some combination of these methods. Masturbation is a common form of autoeroticism...
.
Solutions include:
- Religious waivers due to the sperm being used for procreation.
- Post-coital testing.
- Seminal Collection Device (SCD) - a non-spermicidal condomCondomA condom is a barrier device most commonly used during sexual intercourse to reduce the probability of pregnancy and spreading sexually transmitted diseases . It is put on a man's erect penis and physically blocks ejaculated semen from entering the body of a sexual partner...
used during intercourse.
Catholicism
The Roman Catholic ChurchRoman Catholic Church
The Catholic Church, also known as the Roman Catholic Church, is the world's largest Christian church, with over a billion members. Led by the Pope, it defines its mission as spreading the gospel of Jesus Christ, administering the sacraments and exercising charity...
opposes all kinds of ART because, as with contraception
Contraception
Contraception is the prevention of the fusion of gametes during or after sexual activity. The term contraception is a contraction of contra, which means against, and the word conception, meaning fertilization...
, it separates the procreation purpose of the marriage act from its unitive purpose. Pope Benedict XVI
Pope Benedict XVI
Benedict XVI is the 265th and current Pope, by virtue of his office of Bishop of Rome, the Sovereign of the Vatican City State and the leader of the Catholic Church as well as the other 22 sui iuris Eastern Catholic Churches in full communion with the Holy See...
has publicly re-emphasized the Catholic Church's opposition to in vitro fertilization (IVF), saying it replaces love between a husband and wife.
In addition, IVF is disregarded because it might cause disposal of embryos; In Catholicism, an embryo is viewed as an individual that must be treated as a person.
What is permitted is technology that allows conception to take place from normative sexual intercourse
Sexual intercourse
Sexual intercourse, also known as copulation or coitus, commonly refers to the act in which a male's penis enters a female's vagina for the purposes of sexual pleasure or reproduction. The entities may be of opposite sexes, or they may be hermaphroditic, as is the case with snails...
. For example use of a fertility lubricant or charting ovulation
Ovulation
Ovulation is the process in a female's menstrual cycle by which a mature ovarian follicle ruptures and discharges an ovum . Ovulation also occurs in the estrous cycle of other female mammals, which differs in many fundamental ways from the menstrual cycle...
times.
Islam
The Islamic community, after the fatwaFatwa
A fatwā in the Islamic faith is a juristic ruling concerning Islamic law issued by an Islamic scholar. In Sunni Islam any fatwā is non-binding, whereas in Shia Islam it could be considered by an individual as binding, depending on his or her relation to the scholar. The person who issues a fatwā...
on ART
Assisted reproductive technology
Assisted reproductive technology is a general term referring to methods used to achieve pregnancy by artificial or partially artificial means. It is reproductive technology used primarily in infertility treatments. Some forms of ART are also used in fertile couples for genetic reasons...
by Gad El-Hak Ali Gad El-Hak of Egypt's Al-Azhar University
Al-Azhar University
Al-Azhar University is an educational institute in Cairo, Egypt. Founded in 970~972 as a madrasa, it is the chief centre of Arabic literature and Islamic learning in the world. It is the oldest degree-granting university in Egypt. In 1961 non-religious subjects were added to its curriculum.It is...
, largely accepted ART.
IVF and similar technologies are permissible as long as they do not involve any form of third-party donation (of sperm, eggs, embryos, or uteruses). Regarding third-party donation there is a debate between the Sunni and Shia streams of Islam. The Sunni community, following the Al-Azhar fatwa, does not allow third-party donations. In 1999, Ayatollah Khamenei, the authority for the Shi'a Muslims, issued a fatwa stating that is was permitted to use third-party donors.
The conclusions of Gad El-Hak Ali Gad El-Hak's ART fatwa are as follows:
- Artificial insemination with the husband’s semen is allowed, and the resulting child is the legal offspring of the couple.
- In vitro fertilization (IVF) of an egg from the wife with the sperm of her husband and the transfer of the fertilized egg back to the uterus of the wife is allowed, provided that the procedure is indicated for a medical reason and is carried out by an expert physician.
- Since marriage is a contract between the wife and husband during the span of their marriage, no third party should intrude into the marital functions of sex and procreation. This means that a third party donor is not acceptable, whether he or she is providing sperm, eggs, embryos, or a uterus. The use of a third party is tantamount to zina, or adulteryAdulteryAdultery is sexual infidelity to one's spouse, and is a form of extramarital sex. It originally referred only to sex between a woman who was married and a person other than her spouse. Even in cases of separation from one's spouse, an extramarital affair is still considered adultery.Adultery is...
. - Adoption of a child from an illegitimate form of medically assisted conception is not allowed. The child who results from a forbidden method belongs to the mother who delivered him/her. He or she is considered to be a laqid, or an illegitimate child.
- If the marriage contract has come to an end because of divorce or death of the husband, medically assisted conception cannot be performed on the ex-wife even if the sperm comes from the former husband.
- An excess number of embryos can be preserved by cryopreservationCryopreservationCryopreservation is a process where cells or whole tissues are preserved by cooling to low sub-zero temperatures, such as 77 K or −196 °C . At these low temperatures, any biological activity, including the biochemical reactions that would lead to cell death, is effectively stopped...
. The frozen embryos are the property of the couple alone and may be transferred to the same wife in a successive cycle, but only during the duration of the marriage contract. Embryo donation is prohibited. - Multifetal pregnancy reduction (i.e., selective abortionSelective abortionSelective abortion may refer to:* Sex-selective abortion and infanticide* When a genetic test is performed that detects an undesirable trait; see genetics and abortion* Selective reduction...
) is only allowed if the prospect of carrying the pregnancy to viability is very small. It is also allowed if the health or life of the mother is in jeopardy. - All forms of surrogacy are forbidden.
- Establishment of sperm banks with "selective" semen threatens the existence of the family and the "race" and should be prevented.
- The physician is the only qualified person to practice medically assisted conception in all its permitted varieties. If he performs any of the forbidden techniques, he is guilty, his earnings are forbidden, and he must be stopped from his morally illicit practice.
Judaism
Defining Jewish views on assisted reproductive technology based solely on branches of JudaismJudaism
Judaism ) is the "religion, philosophy, and way of life" of the Jewish people...
is problematic since there is substantial overlap in opinions and moral authority.
Orthodox Judaism
Within the Orthodox JewishOrthodox Judaism
Orthodox Judaism , is the approach to Judaism which adheres to the traditional interpretation and application of the laws and ethics of the Torah as legislated in the Talmudic texts by the Sanhedrin and subsequently developed and applied by the later authorities known as the Gaonim, Rishonim, and...
community the concept was debated as there is little precedent in traditional Jewish legal textual sources. Non-legal sources such as medrash and aggadah
Aggadah
Aggadah refers to the homiletic and non-legalistic exegetical texts in the classical rabbinic literature of Judaism, particularly as recorded in the Talmud and Midrash...
provide stories that have been used to draw conclusions regarding ART by modern Jewish legal decisors
Posek
Posek is the term in Jewish law for "decider"—a legal scholar who decides the Halakha in cases of law where previous authorities are inconclusive or in those situations where no halakhic precedent exists....
. In general, traditional Judaism views medical intervention positively. Regarding ART, the positive view of medicine is challenged by the Jewish religious legal system which has numerous laws regarding modesty and sexuality and a strong emphasis on verifiable lineage.
In Orthodox Judaism, insemination with the husband’s sperm is permissible if the wife cannot become pregnant in any other way.
Regarding laws of sexuality
Judaism and sexuality
The Jewish tradition devotes considerable attention to sexuality. Sexuality is the subject of many narratives and many laws in the Hebrew Bible and rabbinic literature.-Attitude towards sexuality:...
, religious challenges include masturbation
Masturbation
Masturbation refers to sexual stimulation of a person's own genitals, usually to the point of orgasm. The stimulation can be performed manually, by use of objects or tools, or by some combination of these methods. Masturbation is a common form of autoeroticism...
(which may be regarded as “seed wasting”), niddah
Niddah
Niddah is a Hebrew term describing a woman during menstruation, or a woman who has menstruated and not yet completed the associated requirement of immersion in a mikveh ....
and the specific laws regarding intercourse. Additional issues arise regarding the restrictions of Shabbat
Shabbat
Shabbat is the seventh day of the Jewish week and a day of rest in Judaism. Shabbat is observed from a few minutes before sunset on Friday evening until a few minutes after when one would expect to be able to see three stars in the sky on Saturday night. The exact times, therefore, differ from...
and Jewish holidays.
An additional major issue is that of establishing paternity and lineage. For a baby conceived naturally the father’s identity is defined under a chazakah
Chazakah
The Hebrew noun khazakah, is a Talmudic concept, derived from the Hebrew word חזקה, which can be translated as "strength".The conceptional terminology is "default status", "agreed properties" or Status quo of an object, land or person − usually when sufficient proof is missing or unavailable...
of rov bi'ot achar ha'baal - a woman's sexual relations
Human sexual behavior
Human sexual activities or human sexual practices or human sexual behavior refers to the manner in which humans experience and express their sexuality. People engage in a variety of sexual acts from time to time, and for a wide variety of reasons...
are assumed to be with her husband. Regarding an IVF child, this assumption does not exist and as such Rabbi Eliezer Waldenberg
Eliezer Waldenberg
Eliezer Yehuda Waldenberg was known as the Tzitz Eliezer after his monumental halachic treatise Tzitz Eliezer that covers a wide breadth of halacha, including Jewish medical ethics, as well as ritual halachic issues from Shabbat to kashrut...
(among others) requires an outside supervisor to positively identify the father. Doctors or laboratory workers present at the time of the fertility treatment are not considered supervisors due to a conflict of interest
Conflict of interest
A conflict of interest occurs when an individual or organization is involved in multiple interests, one of which could possibly corrupt the motivation for an act in the other....
and their pre-occupation with their work.
As such, supervisory services are required for all treatments involving lab manipulation or cryopreservation
Cryopreservation
Cryopreservation is a process where cells or whole tissues are preserved by cooling to low sub-zero temperatures, such as 77 K or −196 °C . At these low temperatures, any biological activity, including the biochemical reactions that would lead to cell death, is effectively stopped...
of sperm, ovum or embryos.
While a range of views exist, both egg donation and surrogacy
Surrogacy
Surrogacy is an arrangement in which a woman carries and delivers a child for another couple or person. This woman may be the child's genetic mother , or she may carry the pregnancy to delivery after having an embryo, to which she has no genetic relationship whatsoever, transferred to her uterus...
are permitted according to many Orthodox decisors, pending religious fertility supervision. (In Israel, the "Embryo Carrying Agreements Law" was formulated to ensure that surrogacy agreements between Jewish Israelis do not conflict with Jewish laws concerning incest and adultery and that the child born of the arrangement will be recognized as a Jew.)
Conservative Judaism
As part of its treatment of Tohorat HaMishpahahNiddah
Niddah is a Hebrew term describing a woman during menstruation, or a woman who has menstruated and not yet completed the associated requirement of immersion in a mikveh ....
, the Conservative Assembly in 2006 accepted a position of eliminating the requirement for seven white days after the cessation of menses and establishing this as an optional custom. This is offered as a solution for women dealing with ovulation before mikvah by reducing the number of days with sexual relations being forbidden from an average of 12 to 5.
Mid-cycle staining during ovulation, while ordinarily would prevent sexual relations by being considered zavah
Zavah
The Hebrew term zavah is a state of ritual impurity applicable to females arising from vaginal blood discharges not during the usually anticipated menstrual cycle....
, is to be considered a result of ancillary circumstances (diet, medical treatment, physical exertion, or illness) and as such the emission is considered permissible, and the woman would not become a zavah.
Drug therapies to avoid mid-cycle staining are deemed unnecessary with the risks of the drug side-effects outweighing the prohibition of zavah due to the commandment of hai bahem, ("[you shall] live by them").
Other movements
Reform JudaismReform Judaism
Reform Judaism refers to various beliefs, practices and organizations associated with the Reform Jewish movement in North America, the United Kingdom and elsewhere. In general, it maintains that Judaism and Jewish traditions should be modernized and should be compatible with participation in the...
has generally approved artificial insemination by donor, in-vitro fertilization and surrogate motherhood.