- Cloning People and Jewish Law: A Preliminary Analysis
Rabbi Michael J. Broyde
..........In sum, one is inclined to state that halacha views cloning as far far less than the ideal way to reproduce people; however, when no other method is available it would appear that Jewish law accepts that having children through cloning is perhaps a mitzvah in a number of circumstances and is morally neutral in a number of other circumstances. Clones, of course, are full human, and are to be treated with the fully dignity of any human being. Clones are not robots, slaves, or semi-humans, and any attempt to classify them as such must be vigorously combated.
In addition it would appear that the relationship between the male clonor and the clonee is that of father and child and the relationship between the gestational mother and the child that she bears is one of mother and child. Where the clonor is a woman, there is a natural tension between her status as a mother and the status of the gestational mother as a mother. While this writer is inclined to think that the gestational mother is the "real mother" according to Jewish law, there is some halachic discussion that argues that the gestational mother is not the real mother, and the genetic mother is, thus making the clonor the mother. In addition there is the extremely thoughtful opinion by Rabbi Bleich arguing that both can be the mother. Certainly the woman clonor is to be considered, at the very least, a possible mother (a safek mother) such that it would be prohibited for the clonee to have a sexual relationship with any of the members of the family of the genetic donor as well as the surrogate mother.
There is a natural tendency to prohibit that which is unknown, and that tendency is itself a morally commendable virtue lest one engage in activity which is prohibited as its consequences are not understood. However, prohibiting that which one does not understand is a regrettable state of affairs. The Jewish tradition imposes a duty on those capable to resolve such matters to do so. This preliminary analysis is submitted in the hopes that others will comment and critique it and Jewish law will develop an established policy concerning a variety of issues relating to cloning.
