La gestation pour autrui : est-ce un péché dans le judaïsme ?

Judaism holds the most internally contested position — and the halakhic debate is genuinely live. The core question: who is the halakhic mother of a gestational surrogate child — the genetic mother (egg) or the gestational mother (womb)? Classical sources assume they are one person; when technology split them, authorities divided: Rav Eliezer Waldenberg (Tzitz Eliezer) held the birth mother is the mother (making gestational surrogacy problematic for a Jewish intended mother's child), while others — including authorities behind Israel's regulatory framework — permit gestational surrogacy with safeguards, treating the genetic mother as determinative or accepting the birth-mother's non-Jewish status with conversion of the child. The practical result: Israel legalized gestational surrogacy (1996) with a state committee, psychological screening, and — famously — a preference structure that has evolved through litigation and legislation; observant couples in America work with their poskim on individualized rulings. The shared concerns even among the permissive: compensation beyond expenses is debated (Jewish law dislikes wages-for-womb framings), the surrogate's dignity and the child's identity are weighty, and the biblical narratives (Hagar, Bilhah, Zilpah) are read both as precedents and as warnings. The tradition's summary: possible, regulated, rabbi-supervised — and never simple.