We appreciate the sensitive nature of this question.
1) Using an embryo produced with donor sperm after you are married need not create a concern of
mamzerut, depending on the sperm donor (see below). However, within a marriage, your husband’s feelings and fertility would both be factors in deciding whether to use a frozen embryo.
Although technology for
egg freezing continues to improve, it is important to be aware of the current success rates and how they vary with age. According to a
recent model, declining egg quality with age means that a woman freezing eggs at age forty would require something like twenty mature eggs to have a more than a 50% probability of achieving a live birth. Embryo freezing is more promising, but creating a viable embryo is also less than simple at this age.
2) In order to prevent concerns of
mamzerut, it is generally recommended to use anonymous non-Jewish sperm (or, in some cases, known Jewish sperm). There are some differences of opinion among halachic authorities on this topic. DNA tests prior to marriage are not standard and may not be simple to impose. The possibility of mamzerut is considered so grave that we do not intentionally enter into situations that may raise doubts.
In general following sperm donation, one should receive professional guidance about how to discuss conception with one’s child. With proper guidance, the child’s Jewish identity can remain unscathed.
We hope these answers are helpful as you face these challenging decisions. As a matter of policy, Nishmat’s rabbis do not currently issue rulings on the permissibility of a single woman pursuing assisted reproduction, though they recognize rulings from other halachic authorities. We greatly value your commitment to halacha as part of your decision-making.
You may also find it helpful to have a
personal consultation with a Nishmat Fertility Counselor, a Yoetzet Halacha who has completed additional specialized training in this area. Consultations are free and can take place in person, by phone, or via internet conference.
This response was updated on 13 April, 2021.
