Cloning 3 – Me, My Twin or My Child?

From: Many Readers

Dear Rabbi,

What is the Jewish perspective on cloning?

This is a continuation of:

Dear Readers,

In Cloning 1 we mentioned that a clone is genetically identical to the gene donor, unlike normal male/female reproduction where the genes are a fusion of both parents. Therefore my clone, while sharing my genes (we wear the same size), is really the result of the fusion of my parents’ genes. In this way my clone cannot be considered me, rather he would be more like my identical twin, just as in nature identical twins share the same genetic material. On the other hand, since my clone was “created” from my genes, from my body, and later gestated and birthed by my wife, he may be considered my child.

The question of whether my clone is my twin or my child has halachic ramifications regarding inheritance. If my clone is my twin, he will not inherit together with my children, his “siblings”. However, if he is my son he will inherit. This will also apply to yibum, where one’s brother dies without children he must marry the widow in order to perpetuate his brother’s line. If a man’s clone is his twin, the clone will have to perform yibum. If the clone is a son, he exempts his mother from yibum.

This also raises the question of who is the clone’s mother. For example, in a case where a woman is cloned, having her genes inserted in another woman’s egg which is then gestated and birthed by a third woman (as in the case of “Dolly”), there are four possible mothers: woman #1, the mother of the woman who is actually cloned (since the mother is the original source of the genes); woman #2, the gene donor; woman #3, the egg donor; and woman #4 the gestation donor. [The impact of pregnancy and birth on the identity of the child can be illustrated by the fact that in a case where a Jewish woman donates an ovum to a non-Jewish woman, the child will require conversion, even though its genetic mother is Jewish, since its gestational mother is non-Jewish.]

The question of who is the clone’s mother will have bearing (pun intended) on the Jewishness of the clone. Necessarily, women #1 and #2 (the mother of the woman who is cloned and her daughter) who are the genetic donors of the clone, must be both either Jewish or non-Jewish. Each of women #3 and #4 may be either Jewish or non-Jewish. Ignoring the influence of pregnancy and birth, if either woman #1 or #2 is considered the mother of the clone, and they are Jewish, so will be the clone. If they are not Jewish, the clone will not be Jewish either. Similarly, if the mother is woman #3 (the egg donor), or more likely, woman #4 (the gestation donor), the Jewishness of the child will be determined accordingly. Nevertheless in light of the influence of both genetics and pregnancy on the identity of the child, as in ovum donation, it seems we must consider all four as possible mothers. Therefore if any one of them is not Jewish the clone would need conversion.

Other parts in this series are:

Cloning 1 – Is it Right to Play G-d?

Cloning 2 – Does a Clone Have a Soul?