May A Single Man Fulfill The Mitzvah Of Pru U'rvu (procreation)? by Rabbanit Dr. Michal Tikochinsky https://library.yctorah.org/lindenbaum/may-a-single-man-fulfill-the-mitzvah-of-pru-urvu-english/ This is the introduction to the article found in total above at the link Introduction Until the last generation, marriage and reproduction always went together. The only legitimate way of producing children was in the framework of marriage since non-marital sexual relationships are halakhically forbidden or, minimally, strongly discouraged.[1] In our generation, technologies have evolved that enable reproduction outside the context of marriage that do not cross these lines. Consequently, the question arises – is a single man, who does not believe that he will find a marriage partner or there are impairments to his ability to marry,[2] obligated to fulfill the mitzvah of procreation using existing technologies? Does he fulfill his obligation of pru u'rvu when procreation occurs outside of marriage through artificial means? Practically, there are a number of ways this may be done. Some involve an active paternal role and some procreation without any acknowledgement of paternity: - Anonymous sperm donation: The sperm is donated to a woman requiring it in order to have a child. Generally, the father does not know the identity of the child. It is also possible that the sperm will be given to a non-Jewish woman and the child will not be Jewish.[3]
- Surrogacy: There are two possible options here. One, in which the surrogate mother contributes the egg and carries the child; the baby is then given to the father. This "traditional" type of surrogacy is illegal in Israel.[4] The second type is when one woman contributes the egg and the surrogate mother is simply the carrier during the pregnancy and retains no relationship with the child. This is legal in Israel within certain limitations. One of the limitations involves our example. As far as I know, surrogacy is permitted only for married couples, not single men. However, law changes and it is entirely possible that this will be permitted in the future.
- An agreement with a single woman to parent jointly. This may or may not involve responsibility to support the child financially.
The three arrangements reflect three models of fatherhood (respectively): - Minimal: The father contributes sperm and does not know either the child or the mother.
- Full: The biological father raises and supports the child.
- Partial: Parenting is shared at various levels as per the particular agreement between the mother and the father.
The creation story in Bereshit depicts mating as part of the natural order. All living creatures are created "male and female." Regarding Adam, an entire parshah is devoted to describing life in the absence of this relationship leading to the statement, "It is not good for man to be alone; I will make a fitting helper for him" (Bereshit 2:18). From the text, it is clear that the natural connection between man and woman goes far beyond the biological need to continue the species. As the words of the Torah indicate, "Therefore a man shall leave his father and his mother, and cling to his wife and they shall become one flesh." (ibid.24). Appropriately then, as part of a discussion of the mitzvah of procreation, the gemara in Yevamot praises the value of marriage. Said R. Tanhum said R. Hanilai: "A man who does not have a wife lives without joy, without blessing, without goodness…" (Yevamot 62b) This statement in Yevamot as well as many others reflect Hazal's view of the intimate relationship between man and woman as a source of emotional sustenance that brings joy and nourishes personal growth and development. Marriage and family are part of the complex of legal and religious elements that sanctify the natural bond. This intimate relationship is one of the foundations of the Jewish home and, consequently, the Jewish nation. It is clear then that we have an obligation to encourage marriage and to establish it as the ideal. It is also true that most people want to find a marital partner and to live a fuller life in this way. However, not everyone is successful in accomplishing this. When this is the case, we must ask whether the mitzvah of pru u'rvu still exists. Does the obligation remain? Should we support individuals for whom this is their only consolation, without which they are condemned to loneliness and childlessness, leaving behind no offspring? The question may be divided into several sub-questions: - Does the mitzvah of pru u'rvu exist outside the context of marriage?
- What are the conditions for fulfilling the mitzvah of pru u'rvu? Is there a way to fulfill the mitzvah outside a sexual relationship?
- What is the position of Hazal and the halakhah regarding procreation in the absence of acknowledged paternity and financial responsibility? Which of these alternative is preferred by Hazal? Is it appropriate to recommend establishing families based on these kinds of arrangements?
Is there an Obligation of Pru U'rvu Apart from Marriage? conclusions from the article: Conclusions Marriage in Jewish law is a fundamental value; no one disputes that the proper way for a man to produce a child is within the framework of marriage. This is a basic fundamental truth that requires no proof. I have discussed here tragic cases in which a man has little chance of marrying and wishes to, at least, produce progeny with the attendant joys that come from having children. A single man is obligated in pru u'rvu. However, he is not obligated to use artificial means in order to perform this mitzvah. Therefore, he is not obligated in this mitzvah until he is married but he can fulfill the mitzvah even before marriage. One may use artificial insemination. In my opinion, based on the understanding of most poskim, a man fulfills his obligation of pru u'rvu using artificial insemination. If artificial insemination is being utilized, does halakhah recommend that it be done anonymously or is the preferred mode one where there will be a relationship between father and child? I argue that the creation of an ongoing relationship is preferable. This is learned from the father's obligation to feed his children until they reach the age of six even when they have independent means of support. I would add that Shulhan Arukh paskens that a father's child support obligations include his children born to a single woman. Ran's opinion, which is not brought down li'halakhah, is that the father's obligation to feed his children is part of his obligation to support their mother. In my opinion, these views reflect a dispute whether the value of family overrides (Ran) or paternity (Rosh and Rivash, the ruling li'halakhah). Therefore, halakhically, one may not prevent a man who wishes to have a child from a single woman, through artificial insemination, provided that he does not renounce responsibility for his child, since the halakhah values paternity over family. However, in my view, the opinion of Ran must be taken into account in circumstances where marriage may still be possible or in cases where the father will not be able to fully realize his role as father. | 
