The Double Legal Consciousness of Religious Jewish Surrogates.
Religious Jewish-Israeli surrogates embody a double legal consciousness as they endeavor to navigate two bodies of law simultaneously: the Israeli Surrogacy Law, which regulates the surrogacy agreement, and Jewish law—halakhah—which obligates them to follow religious commandments. Legal consciousnes...
| Published in: | Nashim: A Journal of Jewish Women's Studies & Gender Issues no. 46; pp. 102 - 133 |
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| Main Authors: | , |
| Format: | Article |
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Indiana University Press
Fall/Winter2025
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| Subjects: | |
| Online Access: | View this record in EBSCOhost |
| fields | @attributes: recordID: 1 pdfLink: plink: https://search.ebscohost.com/login.aspx?direct=true&db=hlh&AN=191170321&site=ehost-live header: @attributes: shortDbName: hlh uiTerm: 191170321 longDbName: Humanities International Complete uiTag: AN controlInfo: bkinfo: jinfo: jid: 07938934 SZT jtl: Nashim: A Journal of Jewish Women's Studies & Gender Issues issn: 07938934 maglogo: N pubinfo: dt: Fall/Winter2025 iid: 46 pid: 211 pub: Indiana University Press artinfo: ui: 191170321 10.2979/nsh.00053 ppf: 102 ppct: 31 formats: fmt: – @attributes: type: T – @attributes: type: P size: 459KB tig: atl: The Double Legal Consciousness of Religious Jewish Surrogates. aug: au: Teman, Elly Bar-Am, Orit Chorowicz su: Surrogate motherhood Jewish law Commandments (Judaism) Social structure Sabbath sug: subj: Surrogate motherhood Jewish law Commandments (Judaism) Social structure Sabbath ab: Religious Jewish-Israeli surrogates embody a double legal consciousness as they endeavor to navigate two bodies of law simultaneously: the Israeli Surrogacy Law, which regulates the surrogacy agreement, and Jewish law—halakhah—which obligates them to follow religious commandments. Legal consciousness is shaped within local cultures and molds not only how people think about law—their ideas and opinions—but also what they do; in the words of Susan Silbey, it is "a type of social practice, in the sense that it reflects and forms social structures." Drawing on narrative interviews with twenty-five Orthodox Jewish-Israeli women who signed fully legal surrogacy agreements to carry babies as gestational surrogates in accordance with the Israeli Surrogacy Law, we suggest that Orthodox surrogates encounter particular dilemmas during surrogacy stemming from their double legal consciousness. Specifically, we address their dilemmas relating to the observance of religious fasts, using the phone on the Sabbath to notify the intended parents that they should come to the hospital, condom use during surrogacy in light of the prohibition of "wasted seed," menstrual impurity during embryo transfer attempts, and embryo reduction and termination of pregnancy. We delineate the different positions women take when the civil agreement imposes obligations that contradict their religious obligations. pubtype: Academic Journal doctype: Article src: R language: English refInfo: copyright: @attributes: flag: Y custom: Copyright of Nashim: A Journal of Jewish Women's Studies & Gender Issues is the property of Indiana University Press and its content may not be copied or emailed to multiple sites without the copyright holder's express written permission. Additionally, content may not be used with any artificial intelligence tools or machine learning technologies. However, users may print, download, or email articles for individual use. item: Nashim: A Journal of Jewish Women's Studies & Gender Issues holder: Indiana University Press dt: @attributes: year: 2025 holdings: @attributes: islocal: N |
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